Nagalingam v. Canada (Minister of Citizenship and Immigration) 2012 FC 176
Aliens - Exclusion and expulsion - Deportation and exclusion of persons in Canada - Place of deportation (incl. deportation to place of torture (non-refoulement))
A delegate of the Minister of Citizenship and Immigration found that certain acts committed by a Convention refugee, Nagalingam, were of a nature and gravity that justified refouling him to Sri Lanka pursuant to s. 115(2)(b) of the Immigration and Refugee Protection Act. Nagalingam applied for judicial review.
The Federal Court allowed the application and remitted the matter for redetermination by a different delegate. The delegate breached procedural fairness by refusing Nagalingam’s requests to cross-examine a witness.