Garcia v. Canada ( Minister of Citizenship and Immigration )
IMM-149-96
Gibson J.
7/11/96
4 pp.
Judicial review of Post-claim Determination Officer's decision applicant not member of post-determination refugee claimants in Canada class-Officer considering The Europa World Year Book 1995 and Country Reports on Human Rights Practices for 1994 for current country conditions in Ecuador, both published works available for review at Immigration and Refugee Board's Documentation Centre-Application dismissed-Failure to identify "precise information to be relied" upon (where "information" referring to publicly available information on country conditions) in PDRCC risk assessment not breach of rules of procedural fairness-Evidence on country conditions relied on by Officer not extrinsic evidence as term used in Shah v. Minister of Employment and Immigration (1994), 170 N.R. 238 (F.C.A.) i.e. evidence of which applicants unaware because coming from outside source-Failure to disclose documentary evidence being considered not breach of duty of fairness, although disclosure with reasonable opportunity to respond reasonable approach to take-Question certified: whether immigration officer conducting PDRCC review violating principle of fairness when considering documentary evidence about general country conditions not contained in applicant's immigration file without advising applicant of intention to do so and without providing opportunity to respond.