CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Khan v. Canada (Minister of Citizenship and Immigration)
IMM-2483-01
2002 FCT 431, Beaudry J.
15/4/02
12 pp.
Application for judicial review of CRDD decision applicant not Convention refugee--Applicant, citizen of Bangladesh, claiming Convention refugee status on basis of fear her father would forcibly marry her to someone against her will as means of absolving his financial debts--CRDD found applicant not 18 years old as she claimed at hearing, based on memorandum by visa officer in Singapore referring to results of bone age determination test conducted in 1999 placing applicant's age at 22 years--CRDD emphasized that in spite of applicant being aware of test results long before to hearing, no attempt made to contradict findings--Application allowed--Failure of Minister to provide applicant with copy of reports of bone age determination tests denied applicant full and fair opportunity to respond to important evidence, which in turn led to negative credibility finding by CRDD--As credibility finding forming basis for CRDD's decision, decision must be set aside--Considering Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; Suresh v. Canada (Minister of Citizenship and Immigration) (2002), 208 D.L.R. (4th) 1 (S.C.C.), extensive duty of fairness applicable to CRDD procedures.