Date: 20030312
Docket: IMM-2093-02
Neutral Citation: 2003 FCT 300
CALGARY, Alberta, Wednesday, the 12th day of March, 2003.
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
JANNAT HUSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] This is an application for judicial review of the decision of the Convention
Refugee Determination Division of the Immigration and Refugee Board (the "CRDD"), dated April 19, 2002, wherein the CRDD determined that the Applicant is not a Convention refugee.
[2] As it is agreed that the Applicant filed material for the CRDD to consider after the
hearing but before the decision was rendered, and as it is agreed that the material was not considered but should have been before the decision was rendered, I find the decision is made in reviewable error.
OR D E R
Accordingly, the CRDD's decision is set aside and the matter is referred back for redetermination by a differently constituted panel.
"Douglas R. Campbell"
JUDGE
CALGARY, Alberta
March 12, 2003
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2093-02
STYLE OF CAUSE:JANNAT HUSSAIN v. MCI
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: March 11, 2003
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: March 12, 2003
APPEARANCES:
Mr. Birjinder P. S. Mangat FOR APPLICANT
Mr. Rick Garvin FOR RESPONDENT
SOLICITORS OF RECORD:
Mr. Birjinder P. S. Mangat FOR APPLICANT
Calgary, Alberta
Morris A. Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT
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