Date: 20031021
Docket: IMM-6066-02
Citation: 2003 FC 1223
Ottawa, Ontario, this 21st day of October, 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
ARASH TAYEFI
SHIRIN ASHRAFI
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Mr. Arash Tayefi and Ms. Shirin Ashrafi are citizens of Iran. They came to Canada in March 2001 claiming a fear of persecution by Iranian security authorities. A panel of the Immigration and Refugee Board found their story implausible and dismissed their claim for refugee status. They challenge the Board's basis for rejecting their claim and, by way of this application for judicial review, ask for a new hearing.
[2] The applicants allege that the Board made a number of errors. In my view, the Board made at least one error serious enough to warrant ordering a new hearing. Therefore, on that basis alone, I will allow this application for judicial review.
[3] Ms. Ashrafi said that she came into possession of sensitive documents in the course of her employment. Her employer shared office space with Hajj Arian, who was investigating various political murders in Iran. She was asked to make photocopies of documents relating to those investigations and, out of curiosity, made extra copies for herself. Somehow, security officials found out that she held these documents. They arrested her and then ordered her to report to them regularly.
[4] Mr. Tayefi said that he planned to distribute some of the documents his wife obtained at a demonstration. However, before he had a chance to do so, authorities tried to arrest him. He and his wife went into hiding and then fled to Canada.
[5] The Board found the entire scenario described by the applicants as improbable. It stated that it had reviewed all of the documentary evidence tendered in support of the claim. However, it failed to mention explicitly a summons that Ms. Ashrafi received in February 2001 requiring her to attend at the Protection Department of the Central Presidential Administration to answer questions. In my view, this document was a very important piece of evidence. It was delivered on the eve of the applicants' departure from Iran and probative of their claim of persecution. While the Board does not have to refer to all documents put into evidence, it must, before it can dismiss a claim as being implausible, take proper account of a document that corroborates the very essence of that claim: Cepeda-Gutierrez v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1425; Yu v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1043.
[6] For this reason, I must allow the application for judicial review and order a new hearing. No question of general importance was proposed for certification, and none is stated.
JUDGMENT
IT IS HEREBY ADJUDGED that:
1. The application for judicial review is allowed;
2. A new hearing is ordered;
3. No question of general importance is stated.
"James W. O'Reilly"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6066-02
STYLE OF CAUSE: ARASH TAYEFI and SHIRIN ASHRAFI
Applicants
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 9, 2003
REASONS FOR JUDGMENT
AND JUDGMENT BY: The Honourable Mr. Justice O'Reilly
DATED: October 21, 2003
APPEARANCES:
Micheal Crane
FOR THE APPLICANTS
John Loncar
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Micheal Crane
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANTS
Morris Rosenberg
Deputy Attorney General of Canada
FOR THE RESPONDENT
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