CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Jaupi v. Canada (Minister of Citizenship and Immigration)
IMM-2086-01
2002 FCT 658, Kelen J.
11/6/02
4 pp.
Judicial review of CRDD decision applicants not Convention refugees--CRDD's statement applicants resided in Greece for seven years before arriving in Canada inconsistent with port of entry notes indicating applicants resided in Greece for only three years before arriving in Canada--Such error of fact patently unreasonable, having impact on CRDD's conclusion with respect to credibility, sufficiently important to justify Court's intervention--CRDD refusing applicant's motion to have immigration officer, interpreter cross-examined at hearing with respect to inconsistencies in immigration officer's port of entry notes on ground would not resolve issue of applicants' stay in Greece --Breach of rules of natural justice where evidence so central --CRDD also erred in law by relying upon fraudulent documents, namely Greek business licence, minor applicant's health book, as evidence of length of stay in Greece--Finally CRDD breached rules of natural justice by not conducting pre-hearing conference as requested by applicants' counsel and in accordance with Convention Refugee Determination Division Rules, r. 20--Application allowed--Convention Refugee Determination Division Rules, SOR/93-45, r. 20.