CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Koroz v. Canada (Minister of Citizenship and Immigration)
A-390-99
Linden J.A.
3/10/00
3 pp.
Appeal from Trial Division decision ((1999), 170 F.T.R. 308) dismissing application for judicial review CRDD decision denied claim for Convention refugee status--Claim based on alleged persecution suffered because mother Jewish denied on basis of existence of internal flight alternative in Moldova--Certified question: May Board panel adopt same reasoning as other panel faced with same documentary evidence as basis for finding existence of internal flight alternative in same country?--Appeal dismissed--Question must be answered in affirmative, where documentary evidence virtually same in both cases, as here--While panel cannot blindly adopt factual findings of other panels, where question one of fact-finding concerning general country conditions at approximately same time, however, panel may rely on reasoning of earlier panel on same documentary evidence--Where analysis of one panel on same evidence on such question commending itself to later panel, no legal bar to second panel relying on it--However, technique, used herein, of appending part of reasons of first panel to reasons of second correctly described as "unusual"; shortcut practice that should not be used--Adoption of another panel's reasoning in circumstances herein not signifying failure by panel to exercise independent judgment.