Dervishi v. Canada ( Minister of Citizenship and Immigration )
IMM-197-96
Gibson J.
7/11/96
4 pp.
Judicial review of Post-claim Determination Officer's decision applicant not member of post-determination refugee claimants in Canada class-Applicant citizen of Albania-Relying on Country Reports on Human Rights Practices for 1993 in submissions concerning PDRCC review-After date of submissions, but before date of decision, 1994 edition published-Officer relying on 1994 version-Application allowed-In context of information on country conditions, information relied upon by Post-claim Determination Officer information to which applicants could not have had access at time applicants made submissions to Post-claim Determination Officer, and constituting extrinsic evidence-Persons such as applicant not expected to maintain constant watch, following submissions, on newly published country conditions information Post-claim Determination Officer might choose to rely on in reaching decision at indeterminate date (almost nine months after date of submissions in this case)-Officer relying on information to which applicants could not have had access when made submissions-As such, relied on extrinsic evidence, breached duty of fair ness-Following question certified: Whether violation of principle of fairness enunciated in Shah v. Minister of Employment and Immigration (1994), 170 N.R. 238 (F.C.A.) if immigration officer conducting review pursuant to PDRCC regulations considering documentary evidence about general country conditions published after submissions without advising person of intention to consider such evidence and without providing opportunity to respond.