Profka v. Canada (Minister of Citizenship and Immigration), 2005 FC 513

Date: 20050421

Docket: IMM-3197-04

Citation: 2005 FC 513

Ottawa, Ontario, April 21, 2005

PRESENT:    THE HONOURABLE MR. JUSTICE SHORE

BETWEEN:

DENIS PROFKA

Applicant(s)

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent(s)

REASONS FOR ORDER AND ORDER

OVERVIEW

[1]

Personal evidence presented to a specialized tribunal must be addressed in its reasons for decision. The assessment or weight, given to that personal evidence, is for the trier of fact to determine; however, it must be explained for the reasons of a decision to be considered adequately motivated.

Page: 2

JUDICIAL PROCEDURE

[2]

This is an application for judicial review pursuant to subsection 72(1) of the Immigration and Refugee Protection Act^[1] (IRPA) of the decision of the Immigration and Refugee Board, Refugee Protection Division (Board) which, on February 19, 2004, dismissed the Applicant's claim for "refugee" status pursuant to section 96 and also that of a "person in need of protection" pursuant to subsection 97(1) of IRPA.

BACKGROUND

[3]

A citizen of Albania, the Applicant, Mr. Denis Profka, alleges a well-founded fear of persecution by reason of his political opinion, namely his membership and support of the Democratic Party.

ISSUE

[4]

Did the Board make a reviewable error?

Page: 3

ANALYSIS

[5]

The Board did not mention the medical certificate submitted by Mr. Profka nor did it state what weight, if any, it gave this evidence. The Court agrees with Mr. Profka that the Board has the

obligation to deal expressly with evidence directly pertaining to the refugee claimant and in corroborating the claim.^[2] A medical certificate is such evidence. By not stating expressly the weight it gave the medical certificate and why, the Board made a reviewable error.

CONCLUSION

[6]

For these reasons, the Court answers the question in the affirmative. Consequently, the application for judicial review is allowed. The matter is sent back for re-determination.

ORDER

THIS COURT ORDERS that

1.          The application for judicial review be granted;

2.          No question be certified.

"Michel M.J. Shore"

Judge

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                                       IMM-3197-04

STYLE OF CAUSE:                                     DENIS PROFKA

v.

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

PLACE OF HEARING:                               Toronto, Ontario

DATE OF HEARING:                                  April 12, 2005

REASONS FOR ORDER

AND ORDER BY:                                         The Honourable Mr. Justice Shore

DATED:                                                          April 21, 2005

APPEARANCES:

Mr. David Verzy                                             FOR THE APPLICANT

Mr. David Tyndale                                        FOR THE RESPONDENT

SOLICITORS OF RECORD:

DAVID P. VERZY                                         FOR THE APPLICANT

Toronto, Ontario

JOHN H. SIMS Q.C.                                     FOR THE RESPONDENT

Deputy Minister of Justice and

Deputy Attorney General