Date: 20000405
Docket: IMM-3389-99
BETWEEN:
TEDDYSON OSAIGBOVO IYONMANA
Applicant
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] The applicant in the present case claims persecution in Nigeria as a result of his affiliation with a political movement that, between 1991 and 1998, protested governments in power.
[2] On February 15th, 1999, a hearing was completed with respect to the claim for refugee status, and on March 15th, 1999, final written submissions were made.
[3] On April 14th, 1999, the panel conducting the hearing made an inter-departmental request for information concerning the facts of the case, such information being supplied to it on May 4th, 1999. As a result, on May 5th, 1999, a facsimile message was sent to counsel for the applicant with the following message:
| Attached please find Information Request NGA31834.OE, regarding an October 1, 1998 demonstration in Lagos. |
| The Board Member has directed me to advise you, that she is allowing you 10 days to respond if you so desire. |
[4] As it turns out the request for information produced the basis for the making of a central finding of negative credibility, which also effectively gutted the applicant"s claim for refugee status. It is important to note that the information relied upon in making this finding was internally conflicting and, thus, partially supportive of the applicant"s version of events.
[5] In my opinion, under the particular circumstances of this case, a breach of due process has occurred. In this situation, I find that the panel had a duty to provide the applicant, not only with the information found subsequent to the hearing, but an oral opportunity to comment upon it and, through counsel, to make oral submissions.
ORDER
[6] Accordingly, I set the decision in the present case aside and refer the matter back to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
April 5, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3389-99 |
| STYLE OF CAUSE: Teddyson Osaigbovo IYONMANA |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| DATE OF HEARING: WEDNESDAY, APRIL 5, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
| DATED: WEDNESDAY, APRIL 5, 2000 |
| APPEARANCES: Mr. Avi J. Sirlin |
| For the Applicant |
| Mr. Greg George |
| For the Respondent |
| SOLICITORS OF RECORD: Mr. Avi J. Sirlin |
Barrister & Solicitor
500-425 University Avenue
Toronto, Ontario
M5G 1T6
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000405
Docket: IMM-3389-99
Between:
| Teddyson Osaigbovo IYONMANA |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER