Date: 20030305
Docket: IMM-3989-02
Neutral citation: 2003 FCT 276
Toronto, Ontario, Wednesday, the 5th day of March, 2003
Present: The Honourable Mr. Justice Campbell
BETWEEN:
NIHAT ASAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
This is an application for judicial review of the decision of the Convention Refugee Determination Division ("CRDD") of the Immigration Refugee Board, dated July 9, 2002, wherein it determined that the Applicant is not a Convention refugee.
The Applicant is an Alevi Kurd from Turkey who claims a well-founded fear of persecution on the basis of his political opinion, his religion and his ethnic identity.
In the present case, in an affidavit filed in support of his application, the Applicant says that he did not feel that he had a fair hearing. In addition, in an affidavit, counsel for the Applicant who represented him before the CRDD details support for this statement. Indeed, on my perusal of the transcript of the hearing, I can understand the Applicant's concern.
The record shows that the CRDD felt it was under pressure of time to conduct the hearing. I agree with counsel for the Applicant in the present case that this pressure caused the CRDD to unreasonably direct the production of the Applicant's case, against the objection of the Applicant's counsel. In addition, the perceived time pressure resulted in inordinate interjections by the Presiding Member to limit the production of evidence, including the essential evidence by the Applicant with respect to his torture.
As a result, I agree with the Applicant and find that the CRDD's decision was rendered in serious breach of due process.
ORDER
Accordingly, I set aside the CRDD's decision and refer the matter back for redetermination before a different constituted panel.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-3989-02
STYLE OF CAUSE: NIHAT ASAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, MARCH 4, 2003
REASONS FOR ORDER
AND ORDER BY: CAMPBELL, J.
DATED: WEDNESDAY, MARCH 5, 2003
APPEARANCES BY: Mr. Lorne Waldman
For the Applicant
Ms. Neeta Logsetty
For the Respondent
SOLICITORS OF RECORD: Lorne Waldman
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030305
Docket: IMM-3989-02
BETWEEN:
NIHAT ASAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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