Is new information about conditions in northern Afghanistan admissible under the procedural fairness exception?
Canada (Federal), Canada
The following excerpt is from Qarizada v. Canada (Citizenship and Immigration), 2008 FC 1310 (CanLII):
It is argued that this information is admissible under the procedural fairness exception to the general principle that material which was not before the decision-maker should not be considered on judicial review: Hutchinson v. Canada (Minister of the Environment), 2003 FCA 133 at paragraph 44. The breach of procedural fairness alleged is that the visa officer failed to conduct an assessment of the conditions in northern Afghanistan at the relevant time. The new material in the record is the type of country condition evidence the officer should have considered.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a Minister of Justice have to comply with Rule 18 of the Rules of Procedure, or is it a breach of procedural fairness if the Minister of Citizenship and Immigration refuses to forgoing Rule 18? (Canada (Federal), Canada)
Incompetence of counsel leading to deprivation of a fair hearing can result in a breach of procedural fairness? (Canada (Federal), Canada)
If there are any exceptions to the standard rule regarding consideration of extra-record materials, does one of the exceptions apply to post-decisional information? (MultiRegion, United States of America)
Where a general rule is that there are exceptions to the general rule, and other exceptions are not implied or presumed, are there other exceptions? (MultiRegion, United States of America)
What is the standard of review applied when procedural fairness is breached? (Canada (Federal), Canada)
What is the test for procedural fairness in a civil case? (Canada (Federal), Canada)
Does an independent corroboration of an informant's information contribute to the discovery of a stash house? (MultiRegion, United States of America)
Can an administrative tribunal have breached procedural fairness by rejecting evidence? (Canada (Federal), Canada)
What is the onus of proof in the context of an appeal where the Respondent fails to meet the four conditions in Section 50(1)(b)(iii) of the Rules of Civil Procedure? (Canada (Federal), Canada)
Is there a duty of procedural fairness on the adjudicator in conducting an adjudication that could lead to the cancelling of a veterinarian's accreditation? (Canada (Federal), Canada)
