CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of denial by Immigration and Refugee Board, Refugee Protection Division (RPD) of refugee protection claim—In holding Guideline 7 issued by Chairperson requiring psychological evaluation of claimant for change in order of questioning, Board member creating new criterion to assess exceptional circumstances provided by paragraph 23 of Guideline thereby fettering discretion—Paragraphs 19, 23 of Guideline 7 not imposing such requirement—Psychological evaluation valid piece of evidence to warrant change in order of questioning, but not required—Application allowed—Question certified as to whether implementation of Guideline 7 leading to fettering of RPD member’s discretion.
Kathiravelu v. Canada (Minister of Citizenship and Immigration) (IMM-7766-05, 2006 FC 1287, Blais J., judgment dated 26/10/06, 9 pp.)