CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of Refugee Protection Division (RPD) decision granting respondent Convention refugee status (United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6) on basis applicant denied opportunity to question respondent on issue of whether latter Convention refugee (inclusion issue)—RPD denying applicant this opportunity on basis latter allegedly agreed to only question respondent on issue of whether he was excluded under Convention, Art. 1F(a)—Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 170(e) clear RPD must give Minister, claimant reasonable opportunity to present evidence, question witnesses, make representations—This was not done in case at bar—Application allowed.
Canada (Minister of Citizenship and Immigration) v. Atabaki (IMM-1669-07, 2007 FC 1170, Lemieux J., judgment dated 13/11/07, 17 pp.)