Date: 19980922
Docket: IMM-4030-97
BETWEEN:
CAROLINA ELIZABETH LOVATO QUINTEROS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
CAMPBELL, J.:
[1] Referring to the applicant, the reasons of the CRDD in this case contain the following statement:
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The fact that she allegedly manufactured a completely false account of her circumstances to the Visa officer (Exhibit M-1) persuades me that she lacks integrity and that she fails to demonstrate a sincere desire to tell the truth. Moreover, her attitude and demeanour during her testimony did not persuade me that she wished to be any more truthful during her hearing than she had been in procuring her Canadian visitor's visa. [Emphasis added] |
|
[2] During argument, counsel for the respondent agreed that the quoted statement exposes a reviewable error. In addition, in the respondent's memorandum of argument, a number of other findings of the CRDD are specifically not relied upon, the implication being that they expose reviewable errors as well. Nevertheless, counsel for the respondent argued that other findings against the applicant can be accepted as correct and, on these only, the judicial review application can be dismissed.
[3] I find that the statement quoted above discloses a negative view held by the decision maker towards the applicant which made it impossible for the applicant to have a fair hearing of her refugee claim. I also find that there is no way to extract the view expressed from the balance of the decision since it had a direct impact on all other findings made. While I generally agree that in judicial review proceedings it is possible to find that some errors do not have a direct impact on the validity of the decision reached, this is not such a case.
[4] Accordingly, I set the CRDD's decision aside and refer this matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
Judge
Toronto, Ontario
September 22, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4030-97
| STYLE OF CAUSE: CAROLINA ELIZABETH LOVATO QUINTEROS |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, SEPTEMBER 22, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: CAMPBELL, J.
DATED: TUESDAY, SEPTEMBER 22, 1998
APPEARANCES:
Mr. Lorne Waldman
For the Applicant
Mr. David Tyndale appeared
For the Respondent
SOLICITORS OF RECORD:
| Jackman, Waldman & Associates |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980922
Docket: IMM-4030-97
Between:
| CAROLINA ELIZABETH LOVATO QUINTEROS |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
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