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Yassine v. Canada ( Minister of Employment and Immigration )

A-795-91

Stone J.A.

15/6/94

7 pp.

Appeal from Refugee Division's decision re: appellant's claim for Convention refugee status -- Appellant fearing persecution from Amal Shi'ite militia in Lebanon as being victim of forced recruitment policy in Beirut -- Refugee Division rejecting appellant's credibility -- Adverse finding of credibility not to be disturbed -- Evidence clear Amal militia did not attempt to forcibly recruit any of appellant's friends and schoolmates -- Panel entitled to infer from surrounding circumstances in Beirut appellant's friends and classmates of same religious and ethnic background-Adverse finding of credibility also based on appellant's conduct in illegally remaining in United States -- Purpose of new information received by Refugee Division to determine whether movement of Amal away from Beirut completed and to throw light on Amal's activities at new location -- No objection to procedure adopted by presiding member for receiving additional information -- Appellant's conduct implied waiver of alleged breach of natural justice -- Claim to be rejected as adverse finding of credibility properly made -- No purpose served in remitting matter to Refugee Division even if issue of subsequent change of conditions in Lebanon valid -- Appeal dismissed.

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