Guruge v. Canada ( Minister of Citizenship and Immigration )
IMM-824-98
Rothstein J.
11/12/98
7 pp.
Application for judicial review of Refugee Division (panel) decision allowing Minister's application to reconsider and vacate earlier Refugee Division decision finding applicant Convention refugee-Applicant argued, under Act, s. 69.3(5) application should be rejected on grounds other sufficient evidence on which Convention refugee determination was, or could have been, based-Application dismissed-Act, s. 69.3(5) not meant to allow introduction of new evidence, but clearly intended to provide Refugee Division with discretion to reject Minister's application under Act, s. 69.2(2) if evidence sufficient to support Convention refugee finding by original panel-Evidence referred to in Act, s. 69.3(5) must be evidence that was before original panel: Bayat v. Canada (Minister of Citizenship and Immigration) (1995), 96 F.T.R. 76 (F.C.T.D.)-In view of possible conflicting case law in Trial Division, parties have agreed question of whether, in exercise of discretion under Act, s. 69.3(5), Refugee Division should be permitted to consider evidence not before original panel that would support applicant's refugee claim should be certified for appeal-Immigration Act, R.S.C., 1985, c. I-2, ss. 69.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 61), 69.3 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 62).