Thambipillai v. Canada ( Minister of Citizenship and Immigration )
IMM-5279-98
McKeown J.
22/7/99
11 pp.
Applicant, citizen of Sri Lanka, seeking judicial review of decision of Immigration and Refugee Board allowing application by Minister of Citizenship and Immigration under Immigration Act, s. 69.2(2) to vacate determination applicant Convention refugee-Board not failing to observe principles of natural justice, procedural fairness-No denial of fair hearing to applicant-Whether Canadian Security Intelligence Service (CSIS) report on interview with applicant, taking place at airport within days of arrival in Canada, properly new evidence before Board-Open to Minister to proceed with vacation application based on new evidence not available at time of hearing-Board may not allow application made under Act, s. 69.2(2) without first turning mind to s. 69.3(5) and determining whether it ought, in circumstances, to exercise discretion conferred by provision and reject application-In reaching conclusion applicant based original refugee claim on material misrepresentation, Board found applicant had not told truth at original hearing concerning involvement with torture in Indian Peace-Keeping Force (IPKF) camps-Applicant misrepresenting role as mere interpreter for IPKF as involved in torture of prisoners-Board therefore correctly concluded evidence established misrepresentation according to Act-Due to misrepresentation of role of applicant in IPKF camps, original Board foreclosed from thoroughly assessing whether applicant fell within exclusion provisions-Application for judicial review dismissed-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 idem, s. 62).