Singh v. Canada ( Minister of Employment and Immigration )
IMM-888-93
Reed J.
8/10/93
8 pp.
Application to set aside Convention Refugee Determination Division decision applicant not Convention refugee-Applicant alleging Board's decision applicant not credible witness based on misconstructions of evidence, disregard of evidence, improper inferences-Trial Division not applying higher standard than Court of Appeal as to kind of circumstances under which evidentiary findings or conclusions drawn therefrom by board will be set aside-Applicant suggesting Trial Division requiring findings on evidence be "perverse" before can be successfully challenged-Reference to perversity merely example of kind of circumstance in which Board's decision will be set aside-Federal Court Act, s. 18.1(4)(d) providing Trial Division may grant relief if satisfied federal board based decision on erroneous finding of fact made in perverse or capricious manner or without regard for material before it-Disjunctive conditions under which decision will be set aside-S. 18.1(4)(c) providing relief may be granted when board erred in law in making decision or order, whether or not error appearing on face of record-S. 18.1(4)(c), (d) codifications of common law principles of judicial review-Courts long prepared to characterize findings of fact unsupported by adequate evidence as errors of law-S. 18.1(4)(d) right of review broader than traditional "no evidence" test-Encompasses setting aside unreasonable tribunal decisions-Proper test for setting aside Board decisions on basis of erroneous findings of fact to ask whether unreasonable on basis of all evidence-Two classifications of findings of fact: findings of primary facts (whether physical phenomenon occurred) and inferences of fact drawn from primary facts-While reluctant to interfere with findings of primary facts, appellate court in equally good position as tribunal to make inferences from primary facts based on common experience of mankind-Application allowed-Large number of misconstructions or inferences drawn by Board not obvious from evidence and tainting whole decision.