Iyonmana v. Canada (Minister of Citizenship and Immigration), docket IMM-3389-99

Date: 20000405

Docket: IMM-3389-99

BETWEEN:

TEDDYSON OSAIGBOVO IYONMANA

Applicant

-and-

                            

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

     REASONS FOR ORDER AND ORDER

CAMPBELL J.

[1]      The applicant in the present case claims persecution in Nigeria as a result of his affiliation with a political movement that, between 1991 and 1998, protested governments in power.

[2]      On February 15^th, 1999, a hearing was completed with respect to the claim for refugee status, and on March 15^th, 1999, final written submissions were made.

[3]      On April 14^th, 1999, the panel conducting the hearing made an inter-departmental request for information concerning the facts of the case, such information being supplied to it on May 4^th, 1999. As a result, on May 5^th, 1999, a facsimile message was sent to counsel for the applicant with the following message:

Attached please find Information Request NGA31834.OE, regarding an October 1, 1998 demonstration in Lagos.

The Board Member has directed me to advise you, that she is allowing you 10 days to respond if you so desire.

[4]      As it turns out the request for information produced the basis for the making of a central finding of negative credibility, which also effectively gutted the applicant"s claim for refugee status. It is important to note that the information relied upon in making this finding was internally conflicting and, thus, partially supportive of the applicant"s version of events.

[5]      In my opinion, under the particular circumstances of this case, a breach of due process has occurred. In this situation, I find that the panel had a duty to provide the applicant, not only with the information found subsequent to the hearing, but an oral opportunity to comment upon it and, through counsel, to make oral submissions.

                

ORDER

[6]      Accordingly, I set the decision in the present case aside and refer the matter back to a differently constituted panel for redetermination.

                                 "Douglas R. Campbell"

     J.F.C.C.

Toronto, Ontario

April 5, 2000

                                        

FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      IMM-3389-99

STYLE OF CAUSE:                  Teddyson Osaigbovo IYONMANA

                         - and -

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

DATE OF HEARING:              WEDNESDAY, APRIL 5, 2000

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                   CAMPBELL J.

DATED:                      WEDNESDAY, APRIL 5, 2000

    

APPEARANCES:                  Mr. Avi J. Sirlin

For the Applicant

Mr. Greg George

For the Respondent

SOLICITORS OF RECORD:          Mr. Avi J. Sirlin

                         Barrister & Solicitor

                         500-425 University Avenue

                         Toronto, Ontario

                         M5G 1T6

                        

For the Applicant

                         Morris Rosenberg

                         Deputy Attorney General of Canada

For the Respondent

                                    

                                

                         FEDERAL COURT OF CANADA

                                 Date: 20000405

                        

         Docket: IMM-3389-99

                         Between:

Teddyson Osaigbovo IYONMANA

Applicant

- and -

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

                        

Respondent

                        

            

                                                                         REASONS FOR ORDER

                         AND ORDER