CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Siba v. Canada (Minister of Citizenship and Immigration)
IMM-6327-00
2001 FCT 1380, Tremblay-Lamer J.
13/12/01
8 pp.
Application for judicial review of decision by Refugee Division that plaintiff, citizen of Congo-Brazzaville, not Convention refugee on ground story not credible and did not demonstrate subjective fear of persecution--Application allowed--Plaintiff did not have opportunity to be heard--Several times during hearing tribunal prevented plaintiff from speaking and completing replies--As to concept of credible basis, Sheikh v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 238 (C.A.), did not hold that objective documentary evidence on situation in country could not by itself, if plaintiff lacked credibility, support conclusion claim had credible basis--Sheikh holding when only evidence linking claimant to harm in question came from testimony of interested party, and latter found not to be credible, Refugee Division, could after analyzing documentary evidence, conclude credible basis lacking--As in Seevaratnam v. Canada (Minister of Citizenship and Immigration) (1999), 167 F.T.R. 130 (T.D.) (QL), Board failed to consider all evidence before it: simply denied principal plaintiff's claim because did not find her credible; in circumstances of case, other evidence could have affected assessment of claim; therefore, this other evidence should have been expressly assessed--In case at bar, tribunal did not specifically assess evidence as whole, and latter included medical and psychological report which corroborated plaintiff's story about injuries sustained--Gave no specific explanation of reasons leading it to conclude no credible basis pursuant to Immigration Act, s. 69.1(9.1)--Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60; 1999, c. 18, s. 96).