Theiventhiran v. Canada ( Minister of Citizenship and Immigration )
IMM-371-94
Reed J.
30/11/94
8 pp.
Application to quash Convention Refugee Determination Division (panel) decision refusing applicants Convention refugee status -- Court or tribunal having no general duty to invite submissions by parties on new decision rendered by higher court before relying on decision (Canada (Attorney General) v. Levac, [1992] 3 F.C. 463 (C.A.); Liyanagamage v. Canada (Minister of Citizenship and Immigration) (1994), 176 N.R. 4 (F.C.A.)) -- No imperative allowing counsel to make representations where new decision not constituting fundamental change in law but merely elaboration or clarification of existing law -- In such circumstances, preferable decision maker not rely on case or refer to it in footnote -- Levac and Liyanagamage decisions indicating breach of natural justice arising where counsel's request to make representation regarding new decision denied -- Two-month delay between issuance of panel decision and new decision not constituting waiver of applicant counsel's right to make representations; however, year delay in Levac case may be interpreted as waiver -- New decision relied upon by panel not changing law in fundamental way -- Passages in panel members' handbook not creating legitimate expectation of right to comment on new decision -- Person's lack of intention to take up refuge in internal flight alternative location not directly relevant to issue of whether applicant likely to suffer persecution there; however such lack of intention relevant to credibility -- Panel not misconstruing evidence even in absence of general statement from panel with respect to belief or acceptance of applicant's assertions -- Application dismissed.