CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Ignatova v. Canada (Minister of Citizenship and Immigration)
IMM-5771-01
2002 FCT 1287, Kelen J.
11/12/02
7 pp.
Judicial review of Refugee Division of Immigration and Refugee Board (Board) decision--Board declared applicant not Convention refugee--Applicant citizen of Ukraine-- Claiming well-founded fear of persecution based on member-ship in particular social group of battered women and alleging fear of persecution related to Roma ethnicity--Whether Board's finding applicant not credible based on patently unreasonable finding--Board found applicant did not provide credible or trustworthy evidence in support of claim--First, applicant submitted Board erred by failing to analyze risk of persecution faced by applicant due to Roma ethnicity--To establish well-founded fear of persecution, claimant must show both subjective, objective fear--Court satisfied applicant failed to establish subjective fear of persecution due to Roma ethnicity even though applicant established evidence of objective fear--Accordingly, Board did not err in finding applicant not credible in regard to subjective fear of persecution--Second, applicant submitted Board erred by failing to have regard to documentary evidence consisting of one hospital certificate and one police certificate--Board's dismissal of police certificate and hospital certificate patently unreasonable--Court considering documents authentic since Board did not question authenticity --Patently unreasonable for Board to dismiss evidence as certificates specifying injuries due to beating by applicant's husband--Patently unreasonable for Board to dismiss police and hospital certificate because both constitute credible objective evidence corroborating applicant's testimony--Board also made adverse finding of credibility due to delay by applicant in making refugee claim--Court has recognized refugee claims based on spousal abuse often delayed due to nature of spousal abuse--Court found delay in making refugee claim not adequate basis for rejecting applicant's credibility with respect to spousal abuse--Application for judicial review allowed and matter referred to another panel of Board for redetermination.