CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Khan v. Canada (Minister of Citizenship and Immigration)
IMM-5685-02
2003 FC 1076, Tremblay-Lamer J.
17/9/03
5 pp.
Judicial review of Refugee Protection Division of Immigration and Refugee Board (Board) decision applicant not Convention refugee, and not person in need of protection--Board entitled to decide adversely with respect to applicant's credibility based on contradictions and inconsistencies in applicant's story, or based on implausible evidence--Where such findings clearly made and reasons given, this Court should not interfere, even if evidence could conceivably lead to different conclusion--Burden of explanation increases with relevance of evidence in question--In case at bar, Board's adverse credibility finding based on fact that it did not believe applicant's allegation authorities had searched for him at his home in Bangladesh in July 2002--However, in making this finding, Board failed to comment on applicant's documentary evidence, more particularly Exhibit "C", letter from applicant's lawyer, which corroborated applicant's allegation authorities had searched for him in Bangladesh--If Board chose to disregard this evidence then reasons should have been provided in its decision--Board's failure to discuss this evidence amounted to reviewable error--Application allowed.