Gharib v. Canada ( Minister of Citizenship and Immigration )
IMM-180-95
Noël J.
13/9/95
9 pp.
Application for judicial review of immigration officer's decision applicant not member of post-determination refugee claimants in Canada class (PDRCC) as not likely to be subjected to personal, objectively identifiable risk to life, extreme sanctions or inhumane treatment in country of citizenship-Applicant, male citizen of Lebanon, found by Immigration and Refugee Board not to be Convention refugee-Not entitled to remain in Canada-Application for stay of deportation order denied-Post-claim determination officer (PCDO) finding applicant had internal flight alternative in Beirut area-Applicant asserting PCDO committed reviewable error in relation to third element of PDRCC class in Immigration Regulations, s. 2(1)(c)-Whether applicant at risk if returned to Lebanon-Decision of immigration official not to recommend individual as being eligible for PDRCC class taking no right away-Court not to intervene in discretionary decisions of post-claim determinations officers unless discretion exercised pursuant to improper purposes, irrelevant considerations, with bad faith or in patently unreasonable manner-Allegation PCDO relied on extrinsic evidence not disclosed to applicant more serious issue-Immigration officer breaching duty of fairness when relying on extrinsic evidence not brought forward to applicant and latter not given opportunity to respond to such evidence-Alleged extrinsic evidence herein memorandum dated December 6, 1994, annexed as exhibit "A" to PCDO's affidavit-Impugned memorandum extrinsic evidence not brought forward to applicant-PCDO relying upon information, submissions and expert letters submitted by counsel and thorough review of documentation in respect of country conditions in Lebanon, in coming to decision-Memorandum not disclosed to respondent until after decision reached, thereby giving rise to breach of procedural fairness compelling Court to intervene-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/93-44, s. 1).