Date: 20040211
Docket: IMM-1685-03
Citation: 2004 FC 222
Toronto, Ontario, February 11th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
JINHUA ZHAO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant claims refugee protection on the basis of persecution on the ground of religious in the People's Republic of China.
[2] The hearing before the IRB was concluded on February 14, 2002. At the conclusion of the hearing, the Applicant was asked to provide documentation to the panel members to demonstrate her residence in China after 1991, and was given two weeks to provide this documentation. There is no dispute that the requested documentation was delivered by hand to the IRB on February 25, 2002.
[3] The IRB did not render its decision until February 18, 2003, more than one year after the conclusion of the hearing. In its decision, the IRB made a negative finding respecting the Applicant's identity, but in doing so, it is not disputed that the Applicant's requested documentation was not considered. There is no explanation on the tribunal record to account for this significant failure.
[4] Counsel for the Respondent concedes that the failure of the IRB to take the evidence of identity into account would, in most cases, constitute a denial of natural justice that would warrant setting aside the decision. I find that this is such a case.
ORDER
Accordingly, I set aside the IRB's decision and refer the matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1685-03
STYLE OF CAUSE: JINHUA ZHAO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: FEBRUARY 11, 2004
REASONS FOR ORDER
AND ORDER BY : CAMPBELL J.
DATED: FEBRUARY 11, 2004
APPEARANCES:
Ms. Nancy Myles Elliott
FOR APPLICANT
Mr. David Tyndale
FOR RESPONDENT
SOLICITORS OF RECORD:
Nancy Myles Elliott
Barrister and Solicitor
Markham, Ontario
FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR RESPONDENT
FEDERAL COURT
TRIAL DIVISION
Date: 20040211
Docket: IMM-1685-03
BETWEEN:
JINHUA ZHAO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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