[2003] 3 F.C. D-18
| CITIZENSHIP AND IMMIGRATION |
| Immigration Practice |
Avci v. Canada (Minister of Citizenship and Immigration)
IMM-5795-01
2002 FCT 1274, Noël J.
9/12/02
15 pp.
Judicial review of Convention and Refugee Determination Division of Immigration and Refugee Board (CRDD) decision applicant not Convention Refugee—Applicant claiming well-founded fear of persecution on basis of Kurdish ethnicity, membership in particular social group and political opinion—CRDD accepted applicant's Kurdish identity and found applicant to be credible, but concluded applicant would only face discrimination in Turkey, and not persecution—CRDD found applicant had not established objective basis on which to fear persecution at hands of police—Main issue arising because of conflict regarding whether decision rendered November 7, 2001 or November 22, 2001—Requirements for rendering decision provided in Immigration Act, s. 69.1(9)—Objective of s. 69.1(9) to have decision rendered as soon as possible, thus making efficiency requirement—Until Convention refugee determination signed, decision not rendered in accordance with law—In present case, CRDD panel members made determination and dictated reasons on November 7, 2001, however, members did not sign anything until November 22, 2001—Word "renders" including notion of formality and delivery, or transmission—Decision meant to be communicated to interested parties and then binding decision-maker—Therefore, CRDD rendered decision on November 22, 2001—Applicant submitted post-hearing documentation—Whether CRDD committed reviewable error of law in failing to consider applicant's post-hearing submissions and new documentation—Case law established if CRDD members look at post-hearing submissions, panel members should have so mentioned in written decision—Requirement for CRDD to mention receipt of new material and refer to it in reasons—Even if CRDD panel members still under obligation to consider further evidence, new evidence filed by applicant not adding anything new to documents already provided—Finding of CRDD on fear of persecution must be considered in light of definition of persecution enunciated by Court—Persecution affliction of repeated acts of cruelty or particular course or period of systemic infliction of punishment; mere harassment not sufficient—CRDD's finding clearly reasonable in light of documentary evidence and oral testimony submitted—Application for judicial review dismissed—Question certified: When after completion of hearing, Board determines that claimant not Convention refugee, and provides its reasons orally in chambers, later reduced to writing and sent, along with written notice of decision to claimant, has Board complied with Immigration Act, s. 69.1(9), (11)(a) and, is decision final as of date it is rendered in chambers?—Immigration Act, R.S.C., 1985 c. I-2, s. 69.1(9) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60), (11)(a) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).