CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kozman v. Canada (Minister of Citizenship and Immigration)
IMM-3877-01
2002 FCT 714, Lemieux J.
28/6/02
7 pp.
Application for judicial review of Tribunal's decision dismissing Convention refugee claim--Applicant, born in Egypt, made refugee claim in Canada based on fear of persecution because of her religion, Coptic denomination of Christianity--At start of hearing, Tribunal questioned why applicant not taking oath to tell truth on Bible, preferring solemn affirmation--Tribunal denied applicant's claim on basis, inter alia, found her testimony inconsistent, lacking credibility--Tribunal finding documentary evidence to effect government of Egypt taking active steps to deal with militant Muslims targeting Christians--Application allowed-- Applicant arguing Tribunal's questioning of refusal to swear on Bible made her uneasy, affecting her ability to answer questions, thereby depriving her of right to fair hearing-- Applicant arguing impossible for anyone to determine extent to which taint permeated other issues as they were, in part at least, anchored on findings of fact reached by Tribunal based on its assessment of applicant's testimony--Even if possible breach of rules of natural justice did not have major influence, this kind of breach of natural justice must vitiate proceedings.