CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Phan v. Canada (Minister of Citizenship and Immigration)
IMM-4838-98
Gibson J.
29/5/00
8 pp.
Judicial review of visa officer's decision rejecting Vietnamese applicant's application for permanent residence as Convention refugee seeking resettlement or under "any other immigration category at this time"--Applicant studied and worked in Czechoslovakia from 1980 to 1991--When returned to Vietnam in 1991, carried pro-democracy leaflets --Arrested, detained for two weeks, charged with propaganda activities punishable by 12 years in prison--Fled to Czech Republic when released--Crossed over to Germany, fearing Czech authorities would hand him over to Vietnamese authorities--Applied for Convention refugee status in Germany, then submitted application for permanent residence in Canada as Convention refugee seeking resettlement as well as application in independent category--Application allowed--Unreasonable appreciation of circumstances--Failure to provide applicant with opportunity to respond to "objectively verified information"--Also, failure to assess application for permanent residence in independent category without explanation on face of record and without explanation provided in visa officer's affidavit constituting error of law appearing on face of record before Court.