El-Bahisi v. Canada ( Minister of Employment and Immigration )
A-1209-92
Denault J.
4/1/94
4 pp.
Application for judicial review of CRDD decision applicant not Convention refugee -- Applicant stateless person born in refugee camp in Gaza Strip -- Former habitual residence Gaza -- Holds United Nations Relief and Works Agency (UNRWA) document recognizing him as refugee -- CRDD finding applicant credible, but holding evidence not revealing reasonable chance of persecution should he return to Gaza -- Decision based in part on serious efforts being made to reconcile Palestinians and Israelis -- Application allowed -- Tribunal erred in failing to specifically consider existence of UNRWA document -- While unnecessary to mention all of documentary evidence submitted, tribunal should consider material evidence or evidence specifically related to particular claim, especially when document mentioning applicant by name and recognizing him as refugee -- Previous recognition of circumstances qualifying applicant for protection from UNRWA cogent, though not determinative, and should have been addressed -- Tribunal also erred in consideration of changing circumstances as raised in decision without mention having been made of it during hearing -- Right to be heard including notice of case to be met: Thirunavukkarasu v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 589 (C.A.) -- Principle particularly applicable where tribunal basing finding of change in circumstances on information appearing to be subject of judicial notice -- As no evidence of peace negotiations in documentary evidence before tribunal, assumption tribunal taking judicial notice thereof -- Not only duty to provide notice tribunal might consider changes in circumstances, but also statutory duty to provide notice pursuant to Immigration Act, s. 68(5) tribunal taking judicial notice of peace negotiations -- Facts not sufficiently "common knowledge" to be properly subject to judicial notice -- Immigration Act, R.S.C., 1985, c. I-2, s. 68(5) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).