Can a CAIPS note be admitted as an exhibit in a decision under review?
Canada (Federal), Canada
The following excerpt is from Pusat v. Canada (Citizenship and Immigration), 2011 FC 428 (CanLII):
CAIPS notes are routinely admitted as part of the reasons for the decision under review. However, the underlying facts on which they rely must be independently proven. In the absence of an affidavit attesting to the truth of what was recorded as having been done, the notes have no status as evidence of such: Chou v. Canada (2000), 3 Imm. L.R. (3d) 212, 190 F.T.R. 78 at para. 13; aff'd 2001 FCA 299, 17 Imm. L.R. (3d) 234. It is not sufficient to attach the notes as an exhibit to the affidavit of an assistant in the respondent counsels office, as was done here. Hence, there is no evidence that the call was in fact made to the applicant or that he was informed of the purpose of the interview.
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