CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Ahmed v. Canada (Minister of Citizenship and Immigration)
IMM-850-99
Gibson J.
31/7/00
7 pp.
Judicial review of decision of Post-Claim Determination Officer (PCDO) applicant not member of post-determination refugee claimants in Canada class (PDRCC)--Applicant determined not to be Convention refugee--PCDO finding removal to Somalia would not expose him to objectively identifiable risk of extreme sanctions, inhumane treatment, other than risk to life caused by country's inability to provide adequate health, medical care--Applicant suffering from schizophrenia, depression, no identifiable family support in Somalia--PCDO noting contradictions, inconsistencies in information provided by applicant in Port of Entry notes, personal information form, testimony at CRDD hearing--Application allowed--(1) Port of Entry notes, made seven years earlier when applicant entered Canada, and upon which PCDO relied never before factor in consideration of applicant's immigration status--Not provided to applicant, counsel prior to determination to reject PDRCC claim--Against particular facts (long lapse of time since applicant entered Canada, acknowledged instability in Somalia, fact Port of Entry notes not brought to applicant's attention at any other stage in dealings with immigration officials, mental condition), PCDO breached duty of fairness by failing to disclose Port of Entry notes on which intended to rely, provide applicant opportunity to comment on contradictions, inconsistencies between notes, personal information form, testimony at Convention refugee hearing --(2) Central concern expressed on behalf of applicant that in absence of family support, particularly given mental condition, would be particularly vulnerable in unstable conditions prevailing in Somalia--Failure to address applicant's lack of family support in Somalia in reasons, in very particular circumstances of this applicant further reviewable error.