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Nadarajah v. Canada ( Minister of Citizenship and Immigration )

IMM-3384-95

Rothstein J.

14/5/96

4 pp.

Application for judicial review of Post-claim Determination Officer's decision no risk of persecution of applicants if returned to Sri Lanka-Officer considering three documents pertaining to country conditions not in applicants' immigration files-Where applicants cannot have access to information relied upon by Officer, information extrinsic and should be disclosed to applicants, who should be given opportunity to respond-Here, however, information publicly available and applicants could have obtained it had they taken steps to do so-No obligation on Post-claim Determination Officer to identify precise information to be relied upon in PDRCC risk assessment to provide applicants opportunity to respond-Application dismissed-In view of conflicting decisions of Trial Division on issue, question certified for appeal.

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