The applicant applied for leave to challenge by way of judicial review the decision of the Refugee Appeals Tribunal to refuse him refugee status. He argued that the Refugee Appeals Tribunal did not properly consider his case and reached conclusions unsupported by evidence. He wanted the original interviewer to be compelled to attend the appeal hearing as a witness.
The Court held that the Tribunal could not be compelled to call the interviewer and that there was no lack of fair procedures. The Court found that there was no injustice to an applicant, who, prior to the appeal hearing, has all the appropriate documentation that his application has generated, in not having an opportunity to cross-examine. The Court held that the appeal hearing was an independent de novo investigative process and it was for the member of the Tribunal to make his own assessment, no matter what view the original interviewer may have formed.
