CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Islamaj v. Canada (Minister of Citizenship and Immigration)
IMM-3140-99
Dawson J.
19/7/00
8 pp.
Application for judicial review of CRDD decision rejecting applicant's claim for refugee status on basis of well-founded fear of persecution in Albania due to prior involvement with communist regime and Socialist Party--Following oral reasons, panel member made additional comments (that state of anarchy ended in 1997 when elections held, and Socialist Party came to power) and stated concurred with presiding member--Additional comments not included in written reasons--Issue: effect to be given to oral comments --Parties agreed if comments constituted reasons, application must be allowed--Application allowed--Additional comments clearly intending to elucidate basis on which member had concluded claim should fail--Comments must be taken to be panel member's reasons--Minister argued panel member free to change his mind until time when he signed written reasons--However, no evidence or indication member changed his mind--Furthermore, Court has required there be consistency between oral and written reasons delivered by CRDD: Vaszilyova v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1027; Isiaku v. Canada (Minister of Citizenship and Immigration) (1998), 46 Imm. L.R. (2d) 79 (F.C.T.D.); affd [1999] F.C.J. No. 1452 (F.C.A.)--In view of substantial difference between CRDD's oral and written reasons, application must be allowed and matter referred back to CRDD for redetermination.