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CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Osadolor v. Canada (Minister of Citizenship and Immigration)

IMM-2239-99

MacKay J.

20/1/00

5 pp.

Judicial review of CRDD's determination applicant not Convention refugee--CRDD accepting applicant citizen of Nigeria, that feared persecution when fled Nigeria in 1998, but finding no longer had good grounds for fearing persecution because circumstances in Nigeria changing in ways sufficiently meaningful, effective, durable to render fear of persecution unreasonable--Application allowed--CRDD erred by relying upon unreported decision of another CRDD panel in another case in reaching conclusion about change in circumstances in Nigeria--No reference in course of hearing, or prior to decision, to earlier decision from which adopted reasoning--Applicant not given opportunity to comment--Finding of changed circumstances clearly finding of fact--Adopting reasoning of another panel in relation to crucial finding of fact warranting Court's intervention.

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