Isse v. Canada ( Minister of Citizenship and Immigration )
IMM-2991-97
MacKay J.
7/7/98
8 pp.
Judicial review of CRDD's decision applicant not Convention refugee based on conclusion evidence as to identity neither credible nor trustworthy-CRDD having before it Personal Information Forms (PIFs) of applicant's children earlier granted Convention refugee status, as well as their testimony-CRDD not giving son's testimony any weight as only eight when left Somalia-Younger daughter's testimony contradictory-CRDD holding if applicant's story true, did not have first child until 16 years after marriage-CRDD finding it implausible, given Somali culture, tradition, Somali husband would wait 16 years for first child-Finally finding contradictory statements made in applicant's PIF, port of entry notes, oral testimony, testimony of witnesses, leading CRDD to conclude evidence of identity not credible-Application allowed-CRDD's conclusion regarding late pregnancy purely speculative-Conjecture mere guess; inference deduction from evidence, and if reasonable, may have validity of legal proof: Jones v. Great Western Railway Co. (1930), 47 T.L.R. 39 (H.L.)-CRDD erred in failing to specify which contradictory statements made by applicant in PIF, port of entry notes, oral testimony impugning credibility-Unclear whether inconsistencies in evidence offered by applicant herself, or between her evidence and testimony of son, daughter-If inconsistencies were with evidence of witnesses, to which CRDD gave no weight, then lending credence to their evidence as against applicant's sworn testimony-CRDD must set out in decision reasons for assessment-Erred by failing to articulate basis for finding of lack of credibility in applicant's evidence-Decision set aside and applicant's claim referred to differently constituted panel for consideration.