Almasy v. Canada (Minister of Citizenship and Immigration), 2001 FCT 236

                                                                                                                       Date: 20010328

                                                                                                            Docket: IMM-2494-00

                                                                                               Neutral Citation: 2001 FCT 236

BETWEEN:

                                                          ALMASY, Zoltan

                                                           KESZLER, Edit,

                                                                                                                               Applicants,

                                                                   - and -

                        THE MINISTER OF CITIZENSHIP AND IMMIGRATION,

                                                                                                                              Respondent

                              REASONS FOR LEAVE AND JUDICIAL REVIEW

Muldoon, J:

            Leave to commence judicial review of the C.R.D.D.'s (per presiding member Berzoor Propatia's) decision dated April 18, published April 28, 200 in files T99-01537 and T99-01538, clearly and emphatically must be granted. The plethora of written material constituting exhibit "A" to Zoltan Almasy's affidavit is quite compelling and credible, and was seemingly ignored by the C.R.D.D.'s presiding member. Gypsies in Eastern Europe, especially Hungary, clearly seem unable to escape the racist savagery which lurks in that society, and which their police forces often permit, and do nothing much to quell. The evidence is before the C.R.D.D. The plight of the gypsies in Hungary seems to be dire and not improving.

            In this case, the respondent did not even bother to compose and file a record to support the Convention Refugee Determination Division's "short to a fault", and unsupported decision. So the respondent takes the consequences of that inaction.

THIS COURT ORDERS that:

1.          Leave is granted, and the application for judicial review is deemed to have been commenced.

2.          The hearing of the application for judicial review is hereby fixed for June 21, 2001, to commence at 11:00 a.m., in the City of Toronto, Province of Ontario, for a duration not exceeding 2 hours.

3.          The hearing may be held in either of the two official languages of Canada, at the option of each party;

4.          The tribunal shall send certified copies of its record to the parties and Registry of the Court on or before April 17, 2001;

5.          Further affidavits, if any, shall be served and filed by the applicant on or before April 25, 2001;

6.          Further affidavits, if any, shall be served and filed by the respondent on or before May 2, 2001;

7.          Cross-examinations, if any, on affidavits shall be completed on or before May 11, 2001;

8.          The applicant's further memorandum of argument, if any, shall be served and filed on or before May 24, 2001;

9.          The respondent's further memorandum of argument, if any, shall be served and filed on or before May 31, 2001;

10.        The transcript of cross-examinations, if any, shall be filed on or before June 6, 2001.

                                                                                                                                       Judge