CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Moreira v. Canada (Minister of Citizenship and Immigration)
IMM-5405-01
2003 FCT 608, O'Keefe J.
15/5/03
12 pp.
Judicial review of CRDD decision applicants not Convention refugees--Applicants, from Angola, claimed well-founded fear of persecution based on membership in particular social group (journalist, family members of journalist) and on real, perceived political opinions-- Applicant also testified, in presence of husband by teleconfe-rence, as to physical abuse by husband, then co-claimant, in Canada--Applicants applied to have claims severed from husband's--CRDD denied motion for severance--CRDD found applicants' stories neither credible nor trustworthy-- Issue whether CRDD denied applicants right to fair hearing by having principal applicant testify as to basis of sur place refugee claim in presence of husband by teleconference-- Application allowed--Not proper to have Convention refugee claimant give testimony in manner allowing persecutor to know details of claim as could result in claimant not telling whole story for fear of retribution by persecutor--CRDD erred in not providing procedure whereby refugee could testify out of both presence, hearing of alleged persecutor.