What is the impact of relying on a tribunal member"s observations about an applicant's "physical features" in applying for refugee status?
Canada (Federal), Canada
The following excerpt is from Mitac v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8820 (FC):
Reliance on a tribunal member"s observations concerning an applicant"s "physical features" is, in the absence of expert evidence, "inherently dangerous" as noted by Justice Evans in Pluhar v. Canada (Minister of Citizenship and Immigration):1
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