Canada ( Minister of Citizenship and Immigration ) v. Haji-Dodi
IMM-2908-94
MacKay J.
29/3/96
13 pp.
Application for judicial review of Convention Refugee Determination Division's (CRDD) decision respondent Convention refugee-Immigration Act, s. 69.2(2) permitting application to vacate determination of Convention refugee status on grounds determination obtained by fraudulent means-Board not permitting Minister to call respondent at hearing without prior notice and without having led any other evidence in support of case-Counsel for respondent not seeking to cross-examine declarants of documentary evidence in support of Minister's case-Board neither notifying parties of intent to rely on "specialized knowledge" nor providing opportunity for comment upon it-Application dismissed-Respondent not compellable witness under particular circumstances of case-Proceedings punitive in nature but proceedings civil and not criminal-In appropriate circumstances, respondent may be compelled to testify-However, in present case tribunal determined no case made out on behalf of Minister at time counsel seeking to call person subject to hearing to give evidence-Tribunal not erring if determines person ought not to be compelled to testify-On issue of cross-examination of declarants, Minister should be prepared to produce declarants for cross-examination if other side requests-Where no request, tribunal under no obligation to direct there be cross-examination-On issue of "specialized knowledge" concerning "abundance of fraudulent or less-than-genuine travel documents reportedly issued by the government of Somalia" not factor which gave rise to factual or legal basis for tribunal's decision therefore, no error committed-Immigration Act, R.S.C., 1985, c. I-2, s. 69.2(2) (as am. by S.C. 1992, c. 49, s. 61).