A.O. v. Canada (Minister of Citizenship and Immigration), 2002 FCT 436

Date: 20020417

Docket: IMM-5860-01

Neutral citation: 2002 FCT 436

Vancouver, British Columbia, April 17, 2002

Before: LEMIEUX J.

BETWEEN:

A.O.

Plaintiff

and

THE MINISTER OF IMMIGRATION

AND CITIZENSHIP

Defendant

ORDER AND REASONS

LEMIEUX J.

[1]        A.O., the applicant, claimed refugee status but it was denied by the Refugee Division on December 7, 2001.

[2]        On December 20, 2001 the applicant filed an application for leave for judicial review. As part of that application for leave, the applicant on March 14, 2002 filed a motion asking this Court to make an order directing the defendant to supply a copy of the original cassette of the tape of the Refugee Division hearing on October 16, 2001 in which his application was heard, as well as an order requiring a new transcript of the hearing.

[3]        The applicant maintained that the cassette he received was not a copy of the original, since only one voice could be heard. He added that the transcript he received was incomplete because it did not contain certain conversations, including that between the interpreter and the applicant and that between himself and his counsel.

[4]        In my opinion, the applicant's claims are groundless. The distinct voices of the applicant, his counsel, the presiding member and the interpreter can be very clearly heard by listening, with equipment compatible with the cassette, to the cassette copy supplied to him.

[5]        I cannot agree with the applicant's contention that the transcript of the hearing of October 16, 2001 which he has lacks relevant passages. The conversations which were not transcribed were conversations held outside the hearing and were not part of it. The hearing had still not begun.

[6]        For these reasons, the motion is dismissed.

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                                                          SOLICITORS OF RECORD

FILE:                                                                               IMM-5860-01

STYLE OF CAUSE:                                                     A.O. v. Minister of Citizenship and Immigration

PLACE OF HEARING:                                                Vancouver, B.C.

DATE OF HEARING:                                                  April 8, 2002

REASONS FOR ORDER:                                           Lemieux J.

DATE OF REASONS:                                                  April 17, 2002

APPEARANCES:

A.O.                                                                                   FOR THE PLAINTIFF

Vancouver

Pauline Anthoine                                                                FOR THE DEFENDANT

SOLICITORS OF RECORD:

A.O.                                                                                   FOR THE PLAINTIFF

Deputy Attorney General of Canada                                FOR THE DEFENDANT