The self-represented applicant sought judicial review of a decision by the Refugee Protection Division (RPD) finding he was not a Convention Refugee.
At the opening of the hearing, the RPD member refused to accept documents that the applicant brought to substantiate his claim, stating that the documents had to be submitted 10 days in advance according to the rules.
The Federal Court found this refusal breached the duty of procedural fairness.
The RPD member appeared unaware of their discretion under the Immigration and Refugee Protection Act to admit late evidence and did not ask to see the documents or explain the refusal to exercise discretion.
The application for judicial review was allowed, and the matter returned for redetermination by a different panel.
