Digests

Orgona v. Canada (Minister of Citizenship and Immigration)

IMM-4517-99

2001 FCT 346, MacKay J.

18/4/01

17 pp.

Application for judicial review of decision by Immigration and Refugee Board (tribunal) determining applicants not Convention refugees--Applicants citizens of Hungary claiming Convention refugee status based on ethnicity, membership in particular social group, the Roma--One of claimants, Eva Orgona, allegedly suffering repeated employment discrimination, often denied employment because of Roma origins--Applicants left Hungary, coming to Canada where claimed Convention refugee status in March 1998--Submitted tribunal breached rules of natural justice when one of members, Mr. Tahiri, appeared to fall asleep during course of hearing--No evidence in transcript of proceedings Mr. Tahiri fell asleep during course of testimony--Applicants also alleging presiding member demonstrated bias during hearing, conduct of tribunal raised reasonable apprehension of bias--Presiding member, members together, could not be said to have demonstrated bias, or created reasonable apprehension of bias--Oral hearing not essential to provide fair opportunity for applicants to deal with information received by tribunal after hearing, then disclosed to applicants who were given three weeks to respond in writing--Important documentary evidence before tribunal, not referred to by it, reported harm occurring to Roma generally in Hungary--Tribunal erred in law by ignoring relevant evidence--Took optimistic view of Hungarian government's attempts to address persecution of Roma--Several documents reporting government of Hungary does not always respect human rights, civil liberties of Roma--Documentary evidence before tribunal demonstrating Roma in Hungary continued to encounter governmental, societal discrimination--Tribunal's findings in relation to applicants, and possible discriminatory treatment in Hungary, speculative, therefore constituted error of law--Impugned decision of tribunal set aside--Application allowed.