Al-Joubeh v. Canada ( Minister of Citizenship and Immigration )
IMM-2032-95
Campbell J.
20/3/96
7 pp.
Application for judicial review under Act, s. 114(2) concerning fairness of procedure used in dismissing applicant's application for exemption from visa requirements-After claim to refugee status rejected and judicial review confirmed decision, applicant assessed if could be admitted to Canada as member of "Post-Determination Refugee Claimants in Canada" class-Could not-In report prepared by Post-Claim Determination Officer (PCDO), finding applicant would not be at risk if removed from Canada-Then, application under s. 114(2)-Officer in charge of s. 114(2) inquiry followed directions contained in internal departmental memo providing officer should seek opinion on risk PCDO-Submitted new elements to PCDO for updated risk evaluation-Officer free to obtain expert opinion on issue of risk and to decide on available evidence after properly considering and assigning weight to be accorded to expert's risk opinion-Application allowed on basis of Shah v. Minister of Employment and Immigration (1994), 170 N.R. 238 (F.C.A.): if extrinsic evidence considered by Immigration Officer in s. 114(2) inquiry, officer must give applicant chance to respond to it-Applicant should have been given opportunity to respond to extrinsic evidence: updated risk assessment considered by officer-Failure to do so constitutes failure to observe principle of procedural fairness-Immigration Act, R.S.C., 1985, c. I-2, s. 114 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; c. 29, s. 14; S.C. 1990, c. 38, s. 1; 1992, c. 49, s. 102; 1994, c. 26, s. 36).