Igbinosun v. Canada ( Minister of Citizenship and Immigration )
IMM-7410-93
McGillis J.
17/11/94
5 pp.
Immigration and Refugee Board rejecting Convention refugee claim based on lack of credibility-Applicant submitting two different personal information forms in support of claim-Second including statement charged with murder, released on bail in Nigeria-Raising question of whether applicant excluded under Convention, Art. 1F-Hearing adjourned to give Minister opportunity to participate in proceedings-When investigations revealing applicant not charged with murder in Nigeria, Minister withdrawing notice of intention to participate-Board admitting into evidence telex from Canadian High Commission in Lagos indicating applicant not charged with murder-In making negative credibility finding, Board noting discrepancies between two personal information forms, finding explanations creating further inconsistencies, contradiction between personal information form and telex-Board also citing documentary evidence indicating accused murderers not granted bail in Nigeria-Privacy Act, s. 8 prohibiting disclosure of personal information controlled by government institution without consent of individual to whom relates except, inter alia, for purpose for which obtained or for use consistent with that purpose-Application for judicial review dismissed-Applicant's identity disclosed to Nigerian police officials to determine whether charged with murder-Objection to admissibility of telex based on violation of Privacy Act advanced in absence of proper evidentiary framework, i.e. no evidence confidential information disclosed-Even if confidential information provided to Nigerian police, disclosure made to facilitate formulation of opinion as to whether applicant's claim raising matter within exclusionary provision-Since information provided for immigration purposes, Minister's use consistent with that purpose-Minister's decision not to participate in proceedings irrelevant to admissibility of lawfully obtained evidence-Under Immigration Act, s. 68(3) Board having discretion to receive evidence considered credible or trustworthy in circumstances-Board exercised discretion properly in admitting telex into evidence and in considering it in assessment of credibility-Public interest in proper determination of refugee claim requiring information be considered by Board-All Board's reasons in support of negative credibility finding reasonable, supported by evidence-Privacy Act, R.S.C., 1985, c. P-21, s. 8-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(b)-Immigration Act, R.S.C., 1985, c. I-2, ss. 68(3) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 69.1(5) (as enacted idem; S.C. 1992, c. 49, s. 60).