CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kouril v. Canada (Minister of Citizenship and Immigration)
IMM-2627-02
2003 FCT 728, Pinard J.
13/6/03
7 pp.
Judicial review of decision by Immigration and Refugee Board determining applicant not to be Convention refugee-- Applicant citizen of Czech Republic, claimed refugee status on grounds of political opinion, membership in particular social group--Board finding no credible, trustworthy evidence on which to base positive determination under Immigration Act, s. 69.1(9.1)--S. 69.1(9.1) requiring fulfilment of two conditions before "no credible basis" finding can be made-- First, each member of Board must be of opinion claimant not Convention refugee--Second, each member must be satisfied no credible, trustworthy evidence on which it could have determined claimant Convention refugee--As result of severe consequences attached to "no credible basis" finding, s. 69.1(9.1) strictly interpreted--Board correctly satisfied first condition of s. 69.1(9.1) by finding lack of nexus between applicant's fear, either of two Convention grounds cited-- Board not satisfying second condition required by s. 69.1(9.1), and not establishing no credible, trustworthy evidence on which could have been determined applicant Convention refugee--Reasons given for Board's finding of lack of nexus not sufficient to also act as explanation for claim's lack of credible basis--Board erred in dismissing applicant's claim because it had "no credible basis" without satisfying conditions of Act, s. 69.1(9.1)--However, did not err in analysis concerning lack of nexus between applicant's fears, Convention grounds cited--Best, most efficient remedy to strike references to s. 69.1(9.1) and lack of credible, trustworthy evidence out of Board's decision, without invalidating decision itself--Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).