Canada ( Minister of Employment and Immigration ) v. Boampong
A-1219-91
Isaac C.J.
6/5/93
5 pp.
Application to review credible basis tribunal decision respondent establishing credible basis for Convention refugee claim -- Immigration Act, s. 46(3) providing tribunal shall afford claimant and Minister reasonable opportunity to present evidence, cross-examine witnesses and make representations -- Minister's representative seeking to impeach respondent's credibility during hearing by cross-examining him on document containing statements allegedly made by respondent to immigration officer upon arrival in Canada and declaration signed by respondent at time made alleged statements taken from file in his possession -- First document neither signed nor dated -- Minister's representative, believing statements contradicting testimony given at hearing, seeking opportunity to test respondent's credibility by reference to them -- Tribunal ruling admission of documents condition precedent to exercise of right to cross-examine without examining either document -- Ruling statements inadmissible since undated, unsigned even though strong indications containing relevant information -- Application allowed -- Claimant's credibility central to determination credible basis tribunal required to make -- Tribunal's ruling depriving Minister of s. 46(3) right and preventing him from discharging legal duty to cross-examine to demonstrate, if possible, respondent not credible witness -- Statements containing relevant information -- Relevant evidence always admissible unless rendered inadmissible by exclusionary rule -- No such rule invoked here -- Tribunal ought to have admitted documents -- Once admitted within tribunal's competence to assess weight -- Immigration Act, R.S.C., 1985, c. I-2, s. 46(3) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 14).