Does a full oral hearing need to be held before adjudicating on the merits of a Convention refugee claim?
Canada (Federal), Canada
The following excerpt is from Bayani v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8516 (FC):
[8] The applicant relied heavily on the dicta of Beetz, J. in Singh v. M.E.I., 1985 CanLII 65 (SCC), [1985] 1 S.C.R. 177 at 213 that when threats to life or liberty by a foreign power are relevant, at least one full oral hearing is required before adjudication on the merits of a Convention refugee claim. However, in cases under 53(1)(d), the individual has already been determined to be a Convention refugee. What gives rise to the proceedings is that the applicant has also been involved in criminal activity.
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