Szylar v. Canada ( Minister of Employment and Immigration )
IMM-378-93
Denault J.
6/5/94
4 pp.
Application for judicial review to determine whether Refugee Division authorized to ask documentation centre for more information on state of law in Poland, when hearing had ended and matter taken under advisement, and to determine whether analysis by tribunal of additional information obtained was reasonable-Applicant, citizen of Poland, claimed refugee status on basis of valid fear of persecution on account of religion, political opinion and membership in particular social group-In 1989 while in Canada applicant sentenced to term of imprisonment for breach of Polish criminal code-Felt he would be imprisoned if he had to return to Poland-After hearing of refugee status application over members considered and accepted as evidence criminal code revision conducted throughout 1990 since Solidarity had come to power, and state of Polish criminal law should be verified-After obtaining this information from documentation centre, panel summoned applicant and re-hearing held-Applicant alleged excess of jurisdiction by panel in search for information-Held: panel acted "for purposes of hearing" as, during time of case taken under advisement, relying on evidence which suggested relevance of documents questionable, it could "do any other thing necessary to provide a full and proper hearing": of Immigration Act, s. 67(2)(d)-As it had not yet ruled on refugee claim, Refugee Division had not lost jurisdiction and could exercise powers conferred on it by Act "provided it did so appropriately and gave the applicant an opportunity to be heard when the hearing resumed": Salinas v. Canada, [1992] 3 F.C. 247 (C.A.)-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 67(2)(d).