Sorogin v. Canada ( Minister of Citizenship and Immigration )
IMM-1681-98
Tremblay-Lamer J.
8/3/99
6 pp.
Application for judicial review of Convention Refugee Determination Division decision applicant not Convention refugee-Applicant, citizen of Russia, alleging well-founded fear of persecution in country of origin because of Chechen nationality-Panel raising doubts about authenticity of applicant's birth certificate-Laboratory analysis establishing birth certificate counterfeit-In Lawal v. Canada (Minister of Employment and Immigration), [1991] 2 F.C. 404, Court of Appeal stated panel does not have power to take evidence other than by way of hearing-Repeal of Act, s. 69.1(4) relaxed rule established by Lawal, since panel no longer required to hold hearing in claimant's presence-As long as rules of procedural fairness observed and parties consent, scheme of Act allows for proceeding in like manner, since Parliament expressly provided Refugee Division not bound by formal rules of evidence-Departure from procedure therefore possible provided applicant consents and not prejudiced in any way-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(4) (rep. by S.C. 1992, c. 49, s. 60).