Citizenship and Immigration
Judicial Review
Judicial review of pre-removal risk assessment (PRRA) officer’s decision applicant not subject to risk of persecution, danger of torture, risk to life, cruel, unusual treatment or punishment if returned to Sri Lanka—PRRA officer considering, analyzing, without applicant’s knowledge, documents on country conditions released after applicant made PRRA submissions—Two documents provided update on conflict in Sri Lanka—Fairness dictating applicant be informed of any novel, significant information evidencing change in general country conditions—Although Federal Court recently deciding in Sinnasamy v. Canada (Minister of Citizenship and Immigration), 2008 FC 67, PRRA officer can independently consult documents at issue without disclosure to claimant, judicial comity not applying because, contrary to situation in Sinnasamy, applicant’s PRRA submissions made prior to release of updated country documents attesting to major changes—By failing to disclose documents, PRRA officer breached applicant’s right to procedural fairness, should have given notice thereof to applicant—Application allowed.
Kumarasamy v. Canada (Minister of Citizenship and Immigration) (IMM-3574-07, 2008 FC 597, Mandamin J., judgment dated May 12, 2008, 10 pp.)