Kanagasekarampillai v. Canada ( Secretary of State )
A-171-91
Stone J.A.
22/4/94
9 pp.
Appeal from Convention Refugee Determination Division's (CRDD) decision appellant not Convention refugee-Appellant, citizen of Sri Lanka, claiming protection of refugee status on basis of race-Applicant had problems with Sri Lankan army, navy and with particular social group-Failure of appellant to mention in personal information form specific incident where armed insurrection group (LTTE) gained total control of his home area in Sri Lanka-LTTE demand cannot be seen as isolated act of harassment because willing to kill appellant's family members for money appellant promised to pay-Whether manner in which members of panel intervened at hearing correct-No reasonable apprehension of bias-In absence of refugee hearing officer, reasonable for both members to attempt to clarify or reconcile points of testimony, and for presiding member to intervene to preserve good order of hearing-Panel hearing claim for refugee status must be allowed reasonable latitude, consistent with statutory mandate, in questioning claimant-Whether natural justice denied when presiding member interfered with counsel's attempt to re-examine incident absent from personal information form-While appellant's responses under cross-examination may have appeared on surface to be exhaustive, not reason to deny opportunity of testifying on point by way of re-examination-Reasonable opportunity of presenting evidence, which statute grants to refugee claimant at hearing, also denied-Appeal allowed.