Khan v. Canada ( Secretary of State )
IMM-1433-94
Tremblay-Lamer J.
27/2/95
5 pp.
Application for judicial review of decision of Convention Refugee Determination Division (tribunal) finding applicant not Convention refugee -- Applicant, citizen of Pakistan, claimed refugee status on account of political opinion and involvement in Pakistan People's Party (P.P.P.) -- Applicant fled Pakistan following intimidation and attacks by opposing political party (I.J.I.) during election campaign in which he was active-Tribunal's decision based in part on ground victory of P.P.P. in national and provincial elections eliminated possibility applicant would be persecuted for his political activities, whereas provincial elections had not taken place on day of hearing -- No evidence in record P.P.P. had won elections at provincial level: accordingly, at time of decision tribunal took into account fact subsequent to hearing -- Tribunal could not take new documentary evidence into account without causing hearing to be reopened and allowing applicant to comment on evidence, pursuant to Act, s. 68(5) and Lawal v. Canada (Minister of Employment and Immigration), [1991] 2 F.C. 404 (C.A.) -- Transcript also confirmed tribunal told counsel for applicant did not have to make submission on changed circumstances in Pakistan, contrary to Act, s. 69.1(5) which gives claimants right to make representations -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 68(5) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 69.1(5) (as enacted idem; S.C. 1992, c. 49, s. 60).