This amendment actually expands the evidence that is admissible on appeal, from evidence that arose after the rejection of their claim or that was not reasonably available, or that the person could not have reasonably have been expected in the circumstances to have presented at the time of rejection, to “additional evidence that was not before the decision-maker at the time” of the rejection of the claim. The latter is broader.
As I have people running around me, I'm wondering if I am on the right amendment. Is it 17? No? It's 16? I actually gave the wrong rationale. I do apologize.
Now, for the record, I have the right rationale. The amendment here reinserts access to RAD for all six decisions that are excluded, including RPD decisions, redesignated foreign national applications, a determination that a claim has been withdrawn or abandoned, and RPD decisions that the claim is rejected for being not credible or manifestly unfounded, on application by the minister, on the principle that an appeal is a necessary component of procedural justice.
In the years when I taught law classes—I'm not a lawyer—one of the things I used to say to students is that a critical part of our legal system is that it's not over until you've been through all the appeal processes. So the importance of appeal is really critical when you're looking at the rule of law and when you're looking at fair justice, because everybody should have the right to come and defend themselves and to present other information.
On Wednesday, May 2, at 3:46 p.m., Andrew Brouwer was actually very eloquent when he said:
A number of years ago some members of this committee may remember there was the case of Kevin Yourdkhani and his family.
I don't, by the way.
He said:
They were Iranians. They too had come from Iran to make a refugee claim. They failed, they were deported, and their documents were handed over, again, to the flight crew.
On arrival in Tehran, Iran, their documents were given to the authorities there. Both Majid and Mosomeh, husband and wife, were detained and tortured and abused for months—again, interrogated because they had made an asylum claim in Canada.
It really becomes critical that we give every opportunity for people to make their case in as fulsome a way as they can.
Thank you.