Mathiyabaranam v. Canada ( Minister of Employment and Immigration )
A-223-95
Linden J.A.
5/12/97
8 pp.
Appeal from FCTD decision ((1995), 94 F.T.R. 262) certifying following question of general importance: whether Immigration Act, s. 69.1(9.1) requires Board to give notice it is considering making finding of no credible basis-Effect of finding of no credible basis by Refugee Division claimant not eligible for inclusion in Post-Determination Refugee Claimants in Canada (PDRCC), afforded only seven-day stay of removal from Canada-Respondent Tamil male of Hindu faith, citizen of Sri Lanka-Refugee Board finding no credible basis to Convention refugee claim-Whether specific notice must be given to claimant before Board may make finding of no credible basis at end of hearing to decide Convention refugee status-No express statutory requirement to give extra notice of matter-No right to receive extra notice about possibility of finding of no credible basis-Claim for refugee status cannot be established without first establishing credible basis for claim-One totally dependent upon, included in other-Issue of credible basis finding not analogous to issue of internal flight alternative (IFA), for which notice required-Credible basis determination inherent in definition of Convention refugee-General, generic notice given prior to hearing would be useless as would be pro forma, would not alert claimant to specific problem he may face-No denial of natural justice to fail to give special notice of risk of no credible basis finding, as implied in notice of hearing itself-Appeal allowed, certified question answered in negative-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by S.C. 1992, c. 49, s. 60).