Board took notice of facts that were obviously not on record

PERSON IN NEED OF PROTECTION

Board took notice of facts that were obviously not on record

Application for judicial review of decision of board determining that applicant was neither Convention Refugee nor person in need of protection pursuant to ss. 96 and 97 of Immigration and Refugee Protection Act (Can.). Applicant was Tamil farmer from North of Sri Lanka. Applicant was detained, interrogated and physically abused by army. Applicant’s uncle complained about unlawful detention and was subsequently murdered. Board found that applicant’s fear was not well-founded. Application granted. Board failed to notify applicant pursuant to s. 170 of Act and Rule 18 of Refugee Protection Division Rules (Can.). Board took notice of facts that were obviously not on record. Applicant was not afforded opportunity to make submissions regarding fact that he supposedly was able to leave country. Failure constituted breach of natural justice.

Nadarajah v. Canada (Minister of Citizenship and Immigration) (May 31, 2012, F.C., Scott J., File No. IMM-6748-11) 216 A.C.W.S. (3d) 439 (15 pp.).