Del Castillo v. Canada ( Minister of Employment and Immigration )
IMM-1431-93
Nadon J.
15/4/94
7 pp.
Application for judicial review for Refugee Division decision dismissing refugee claim on ground applicant not credible -- Division made no error of fact or law based on evidence in record -- Conduct of member at hearing unacceptable since applicant had no opportunity to be heard fairly -- Burden of proof on applicant and should have opportunity to present evidence as he or she wishes -- Counsel had no opportunity to examine applicant in order to elicit evidence which considered essential and necessary to prove applicant had reasonable fear of persecution -- Rules of natural justice should be observed and were not -- Application allowed and decision by Refugee Division reversed.
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