Yao v. Canada ( Minister of Citizenship and Immigration )
IMM-3659-94
Gibson J.
21/2/95
7 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision to deny applicant Convention refugee status -- Applicant, citizen of People's Republic of China, basing claim on alleged well-founded fear of persecution by reason of political opinion -- Applicant submitting CRDD erring in law by failing to: (1) observe principle of procedural fairness by presenting two sets of documents as exhibits without prior notice to applicant's counsel; and (2) properly consider relevant evidence -- Present matter distinguishable from Noormohamed et al. v. Minister of Employment and Immigration (1993), 67 F.T.R. 66 (F.C.T.D.), holding lack of timely disclosure of documents counter to fair hearing, as applicant's counsel: (1) not appearing to have been taken by surprise; (2) not objecting to introduction of exhibits; (3) not requesting adjournment; (4) not inquiring as to whether documents to be produced at hearing; and (5) not citing need for additional time to consider and respond to undisclosed exhibits as reason for request to prepare written argument -- In absence of any such expressions of concern, applicant's counsel cannot now succeed on claim of denial of fairness (Cheung v. Canada (Minister of Employment and Immigration), A-181-92, judgment dated 25/1/95, F.C.A., not reported) -- CRDD effectively evaluating nature and extent of applicant's political activity and demonstrating reasonable understanding of applicant's circumstances upon return to China -- CRDD not making such error in consideration and evaluation of evidence to warrant judicial interference -- Judicial review dismissed.