Nakhuda v. Canada ( Minister of Citizenship and Immigration )
IMM-2086-94
MacKay J.
10/5/95
8 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee -- In reaching decision, CRDD relying upon and referring to Standard Country File (SCF) with respect to applicant's country of origin, but applicant not provided copy of SCF prior to hearing-CRDD practice evolving from one where copy of SCF provided to applicant to arrangement whereby SCF regarding particular country maintained and available through documentation centres but only SCF index, incorporating SCF reference, entered as evidence at hearing (new arrangement) -- Applicant submitting failure to provide copy of SCF and SCF index breaching rules of natural justice or duty of fairness -- Timely disclosure of documentary evidence in advance of hearing well-established (general principle), however, circumstances of each case still relevant -- Noormohamed et al v. Canada (Minister of Employment and Immigration) (1993), 67 F.T.R. 66 (F.C.T.D.); Nrecaj v. Canada (Minister of Employment and Immigration), [1993] 3 F.C. 630 (C.A.) decisions supporting general principle distinguished on basis applicant not requesting disclosure of SCF in advance of hearing -- During hearing, applicant informed of how he could have access to SCF -- New arrangement consistent with principles of natural justice and fairness in process so long as panel not refusing to disclose documents included in SCF -- CRDD's responsibilities regarding disclosure of documentary evidence not greater where applicant not represented by legal counsel -- Application dismissed.