Maksudur v. Canada ( Minister of Citizenship and Immigration )
IMM-5784-98
Nadon J.
8/9/99
8 pp.
Application to set aside decision of Immigration and Refugee Board applicant not Convention refugee-Applicant, citizen of Bengladesh, arrived in Canada in August 1997-Claimed refugee status on basis of well-founded fear of persecution by reason of political opinions-Board's decision difficult to understand, nonsensical-After reading transcript of evidence, impossible to say whether applicant's story true or not-Board members, counsel for applicant not posing proper questions to determine whether applicant was telling true story-Board members under instructions to hear more than one claim per day-Did not spend sufficient time in attempt to discover truth-In most refugee claims, prime issue whether story related by applicant true-Board herein not doing its best to discover truth-Claimants not prepared to say more than they have to to substantiate claim-Board members not prepared to spend time necessary to discover truth-Purpose of Refugee Convention to provide safe heaven to true refugees, not to those who claim to be refugees-Board should be prepared to cross-examine applicants-Applicants' burden to adduce sufficient proof to establish well-founded fear of persecution-Purpose of refugee system to admit into Canada people who indeed have well-founded fear of persecution-Application allowed.