Puerto v. Canada ( Minister of Employment and Immigration )
IMM-1753-93
Gibson J.
16/2/94
7 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee -- Applicant, citizen of Honduras, arrived in Canada in 1992-Based claim to Convention refugee status on alleged well-founded fear of persecution by reason of political opinion, membership in particular social group -- Applicant seeking to have Board's decision set aside and (1) declaration Convention refugee; or (2) matter be referred back to another panel for determination applicant "Convention refugee"; or (3) matter be referred back to another panel for determination on same evidence -- Respondent acknowledging CRDD erred in law in misstating, misunderstanding, misconstruing evidence, ignoring relevant evidence and failing to have regard to totality of evidence -- Presiding members of CRDD intervened extensively in counsel's presentation of applicant's case during examination in chief -- Immigration Act, s. 69.1(5) requiring CRDD to give applicant "reasonable opportunity to present evidence" -- Except in circumstances where manifestly evident intervention in orderly presentation of applicant's case necessary for effective, efficient management of hearing, interventions should be reserved by CRDD members to more appropriate stage of hearing -- As review and reevaluation of evidence better suited to CRDD than to Court, first two forms of relief rejected-Application allowed, matter referred back to CRDD for redetermination by differently constituted panel -- No reason to restrict new panel to same evidence before former panel-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(5) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; as am. by S.C. 1992, c. 49, s. 60).