What is the effect of the reliance of the RPD on documents which were not disclosed in the middle of the hearing?
Canada (Federal), Canada
The following excerpt is from Phromsena v. Canada (Citizenship and Immigration), 2008 FC 1145 (CanLII):
Next, the applicant submits that her right to procedural fairness was denied by the reliance of the RPD on documents which were disclosed in the middle of the hearing. The failure to disclose documentary evidence in sufficient time to allow the applicant to make ‘full answer and defence’ is a breach of natural justice: Nrecaj v. Canada (Minister of Employment and Immigration), 1993 CanLII 2980 (FCA), [1993] 3 F.C. 630, 65 F.T.R. 171.
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