VA4-01009

VA4-01009

The panel held that evidence concerning events after the grant of refugee status may be admissible in a s.109(1) application if it is relevant to whether the original decision was obtained by misrepresentation; for continuing characteristics (such as sexual orientation) post-determination evidence can be probative and admissibility is principally a question of weight under the Board's flexible evidentiary standard (s.170). The respondent's motion to exclude the December 17, 2004 evidence was rejected.

Citation
VA4-01009
Parties
Claimant: XXXXXXX; Applicant (minister): Minister of Citizenship and Immigration; Tribunal: Refugee Protection Division (Panel: Michael A. Ross)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 April 2005
Procedural Posture
Application to Vacate Refugee Determination Under S.109 IRPA / Motion on Admissibility of Minister's Evidence (post Determination)
Outcome
Respondent's motion to exclude the Minister's December 17, 2004 evidence dismissed; evidence admitted.
Legal Topics
Vacation of Refugee Status, Misrepresentation, Admissibility of Evidence, Post Determination Evidence, Continuing Characteristics (sexual Orientation)
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Vacation of Refugee Status Misrepresentation Admissibility of Evidence Post Determination Evidence +1 more

Case Brief

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Parties

XXXXXXX

Claimant

Minister of Citizenship and Immigration

Applicant (minister)

Refugee Protection Division (Panel: Michael A. Ross)

Tribunal

Procedural Posture

Application to Vacate Refugee Determination Under S.109 IRPA / Motion on Admissibility of Minister's Evidence (post Determination)

Legal Issues

  1. 1 Whether evidence of events occurring after grant of refugee status is admissible in an application under s.109(1) to vacate a refugee determination
  2. 2 Whether evidence of subsequent heterosexual relationships can be used to rebut a prior claim of homosexuality
  3. 3 Whether admissibility is governed by chronological occurrence or by relevance and weight given s.170 IRPA

Ratio Decidendi

The panel held that evidence concerning events after the grant of refugee status may be admissible in a s.109(1) application if it is relevant to whether the original decision was obtained by misrepresentation; for continuing characteristics (such as sexual orientation) post-determination evidence can be probative and admissibility is principally a question of weight under the Board's flexible evidentiary standard (s.170). The respondent's motion to exclude the December 17, 2004 evidence was rejected.

Court Disposition

Respondent's motion to exclude the Minister's December 17, 2004 evidence dismissed; evidence admitted.

Orders

  • Minister's submission of December 17, 2004 admitted as Exhibit 4
  • Respondent's letter objecting to the December 17, 2004 evidence admitted as Exhibit 5