Date: 20040914
Docket: IMM-6459-03
Citation: 2004 FC 1242
Toronto, Ontario, September 14th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
AHMED YOSUF
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant, a citizen of Bangladesh, claims Convention refugee status on the basis of a well-founded fear of persecution because of his "political opinion".
[2] In the end result, the IRB did not accept the Applicant's evidence of persecution based on findings of negative credibility and implausibility.
[3] A central feature of the negative credibility finding is a comparison of a purported Bangladesh government generated document called an "FIR" (First Information Report) and a document generated by the Applicant's political party called a "BNP certificate". In conducting the comparison, the IRB made two key findings which are in fundamental contradiction. On the one hand, the IRB found that the statements in the FIR contradict the statements in the BNP certificate, and, therefore, the discrepancy raises serious concerns regarding the credibility of the claimant's evidence. However, on the other hand, the IRB also found that the FIR is not a genuine document.
[4] I find that the fundamental contradiction constitutes a fundamental reviewable error which renders the decision as patently unreasonable.
ORDER
Accordingly, the IRB's decision is set aside and the matter is referred back to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6459-03
STYLE OF CAUSE: AHMED YOSUF
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 14, 2004
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: SEPTEMBER 14, 2004
APPEARANCES BY:
Ms. Preevanda K. Sapru FOR THE APPLICANT
Mr. Marcel Larouche FOR THE RESPONDENT
SOLICITORS OF RECORD:
Preevanda K. Sapru
Toronto, Ontario FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
Date: 20040914
Docket: IMM-6459-03
BETWEEN:
AHMED YOSUF
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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