CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Nowa v. Canada (Minister of Citizenship and Immigration)
IMM-430-99
Pelletier J.
1/2/00
8 pp.
Application for judicial review of rejection of applicant's claim based on a fear of persecution in Congo--Decision based on contradictions between Personal Information Form (PIF) and applicant's testimony, and between PIF and examination record in which immigration officer stated view claim unfounded, being "transparently false"--Applicant objects to fact evidence in examination record filed without proof form in question had been established by order--Application allowed--Division right in not rejecting examination record--Issue of form's legality irrelevant to issue of admissibility of document as evidence of facts contained therein--However, Section erred in law in basing its decision on immigration officer's opinion on merit of claim.