CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Muliri v. Canada (Minister of Citizenship and Immigration)
IMM-6501-03
2004 FC 1139, Harrington J.
17/8/04
9 pp.
Judicial review of decision by Immigration and Refugee Board (Panel) determining applicant neither "Convention refugee" within meaning of Immigration and Refugee Protection Act, s. 96, nor "person in need of protection" pursuant to Act, s. 97--Applicant citizen of Democratic Republic of Congo, alleging well-founded fear of persecution based on perceived political opinions--Panel reviewed all evidence, determined applicant's story not credible--Panel disregarded explanation given by applicant at hearing for simple reason "the information he submitted to the Canadian authorities [for visa application] may be easy to verify"-- However, nothing in record indicating Panel verified information--Panel should have advocated proactive approach and done more than accept one version of facts for simple reason could be verified-- Panel should have attempted to verify first version especially since easy to verify, but not doing so--Application allowed-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97.