De Yanex v. Canada ( Secretary of State )
IMM-1711-93
McGillis J.
17/2/94
4 pp.
Application for judicial review of adjudicator's decision applicant had no credible basis to Convention refugee claim[cad 211]Adjudicator refused request for adjournment on basis applicant not entitled to disclosure of all information in applicant's file in context of credible basis hearing -- Well established in case law failure to disclose relevant information within reasonable time prior to hearing of refugee claim on merits before Convention and Refugee Determination Division of Board constitutes breach of principles of natural justice by denying claimant right to fair hearing -- No reason not to extend application of natural justice to procedures governing credible basis hearing -- Failure to provide meaningful disclosure at first level credible basis hearing could prejudice claimant as testimony, given in absence of disclosure, could be used to impeach credibility at subsequent hearing on merits -- Protection accorded to claimant at second level hearing by virtue of operation of rules of procedural fairness concerning disclosure could be frustrated by failure to accord same protection at credible basis hearing -- Refusal of adjournment denied applicant right to fair hearing and constituted breach of principles of procedural fairness -- Application allowed.