Siad v. Canada ( Secretary of State )
A-1060-92
Strayer J.
12/4/94
10 pp.
Application for judicial review to set aside Convention Refugee Determination Division's (CRDD) decision claimant would have reasonable fear of persecution if returned to homeland but excluded from status of refugee by virtue of United Nations Convention on Refugees, art. 1.F(a)-Claimant, son of former President of Somalia, officer in Somalian army-Claimant allegedly committed crimes against humanity or acts contrary to purposes and principles of United Nations because member of Barre regime and governor of prison where torture and atrocities occurred-Claimant alleging denial of natural justice because of failure to disclose documents concerning witnesses and because no chance to cross-examine one witness-Immigration Act, s. 69.1(5) refugee hearings requiring fairness and degree will depend on circumstances of particular case-Tribunals have wide discretion as to procedure adopted and by s. 68(3); CRDD not bound by legal or technical rules of evidence-Requirements of fairness not met; claimant should be given reasonable opportunity to test evidence through cross-examination and use made by tribunal of unsworn statements of witness as to role of claimant in Somalia, unfair-Application allowed and matter referred back for hearing-Immigration Act, R.S.C., 1985, c. I-2, ss. 68(3), 69.1(5) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60)-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 29, art. 1.F(a).