Vairavanathan v. Canada ( Minister of Citizenship and Immigration )
IMM-1816-95
Simpson J.
29/7/96
4 pp.
Application for judicial review of decision of Immigration and Refugee Board applicant not Convention refugee-Applicant Tamil woman found to have Internal Flight Alternative (IFA) in Colombo-In April of 1995, truce in Sri Lanka ended, fighting resumed-Applicant's counsel faxed to Board covering note, three newspaper articles describing changes and impact on Tamils at Colombo (second submission)-Second submission relevant-Received at Board's fax machine-No evidence second submission reached relevant panel members-Duty on Board to receive evidence submitted by parties at any time until decision rendered-Board's failure to discharge duty, through error, failure of natural justice-Applicant denied full and fair hearing-Second submission unexpected-Duty on counsel to obtain confirmation from relevant panel members submissions have actually been received-Application allowed.