Chen v. Canada ( Solicitor General )
A-1176-91
Gibson J.
6/8/93
7 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee -- Applicant citizen of People's Republic of China claiming Convention refugee status based on political opinion, membership in particular social group -- At opening of CRDD hearing, applicant introducing documentary evidence of demonstration in front of Chinese consulate in Toronto in late 1990 or early 1991 while applicant living in Toronto, including some photographic evidence of applicant participating therein -- Newspaper material in Chinese -- Neither oral evidence adduced in relation to material, nor mention made of it in argument -- After brief reference to material CRDD concluding claimant abandoning claim to be determined refugee sur place -- Application allowed -- Immigration Act, s. 69.1(6) and Convention Refugee Determination Division Rules, standing for general principle claim should not be treated as abandoned without giving applicant reasonable opportunity to make representations -- CRDD not providing such opportunity -- CRDD failed to fulfill obligation to act in way fair to applicants appearing before it when recognized documentary evidence as representing basis for possible sur place claim, but then determined to regard claim as abandoned without first inviting applicant in specific terms to make representations on that issue -- Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(6) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18) -- Convention Refugee Determination Rules, SOR/89-103.