Gahungu v. Canada ( Minister of Citizenship and Immigration )
IMM-284-94
Muldoon J.
6/1/95
5 pp.
Motion to strike out two paragraphs, three exhibits of applicant's affidavit on ground applicant seeking to rely on grounds not before Refugee Division when made decision -- Affidavit referring to letters created after Refugee Division's hearing (September 1993), but before decision rendered (January 1994), and to articles published after decision rendered -- Leave to take judicial review proceedings specifically permitting further affidavits to be filed, served -- Ordinarily matter in litigation completely past event and that which goes before Court on judicial review only that which was before board, tribunal -- But refugee claims prospective in that claimant at risk of return to country as dangerous, or more so, than when departed -- Countries producing genuine refugee claimants often extremely volatile in regard to social conditions, persecution of minorities -- Further affidavits in support of each side permitted after Court granting leave because refugee claims based on past and prospective possible events -- Such dispensation not suggested in ordinary judicial review of IRB's decisions -- Introduction of genuinely relevant material within time between Refugee Division hearing and judicial review hearing in matter continuously prospective in nature should be permitted on judicial review.