Does a panel have to ask the claimant about the departure of the claimant from his home country?
Canada (Federal), Canada
The following excerpt is from X (Re), 2017 CanLII 146071 (CA IRB):
Counsel also stated that if the panel does not ask about the departure of the claimant from his home country, it cannot then draw any negative inferences about any contradictions. But the panel may not have had to ask, because it was dealt with in the sworn evidence, or as a part of the claimant’s testimony and replies to other questions put to the claimant. The correct principle is that there is no legal requirement to draw the claimant’s attention to inconsistencies, between the claimant’s statements and country condition documents that form a part of the evidence: Osei v. M.C.I. (F.C.T.D. no. T-2992-92), Reed November 17, 1993.
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