James v. Canada (Minister of Citizenship and Immigration), 2004 FC 671

Date: 20040506

Docket: IMM-5046-03

Citation: 2004 FC 671

Toronto, Ontario, May 6^th, 2004

Present:           The Honourable Mr. Justice Campbell                                

BETWEEN:

                                                                DIANA JAMES

                                                                                                                                            Applicant

                                                                           and

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                            REASONS FOR ORDER AND ORDER

[1]                In the present case, the Applicant claims refugee status on the basis of subjective and objective fear of risk of persecution on gender grounds by her stepfather in St. Vincent. In support of her claim, the Applicant provided in her PIF a detailed account of horrendous sexual, physical and psychological abuse by him beginning when she was age 13. On her evidence, there were two incidents of sexual abuse: the first in 1989, and the second in 1991 when she was age 15 and just prior to her flight to Canada.

[2]                The IRB rejected the Applicant's claim on a negative credibility finding for only two reasons: a perceived discrepancy in the dates of the sexual assaults found between the Applicant's testimony at the hearing and her PIF; and a rejection of the Applicant's explanation for failing to file for refugee status for ten years after she arrived in Canada.

[3]                Given that there are only two narrow reasons given for disbelieving the detailed account of persecution supplied by the Applicant, in my opinion, if either are proved to be erroneous, the decision is patently unreasonable. In my opinion, this is so.

[4]                On a detailed examination of the transcript of the hearing before the IRB, I find it is impossible to come to the discrepancy conclusion the IRB reached; the conclusion reached is based on a misunderstanding of the evidence.

                                                                       ORDER

Accordingly, I set aside the IRB's decision and refer this 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-5046-03

STYLE OF CAUSE: DIANA JAMES

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                          Respondent

PLACE OF HEARING:         TORONTO, ONTARIO

DATE OF HEARING:           MAY 6, 2004     

REASONS FOR ORDER

AND ORDER BY:                 CAMPBELL J.

DATED:                                  MAY 6, 2004

APPEARANCES BY:            

Mr. Kingsley Jesuorobo

FOR THE APPLICANT

Mr. Robert Bafaro

FOR THE RESPONDENT

SOLICITORS OF RECORD:          

Mr. Kingsley Jesuorobo

North York, Ontario

FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

FOR THE RESPONDENT

                               FEDERAL COURT

                                           Date: 20040506

                                             Docket: IMM-5046-03

BETWEEN:

DIANA JAMES

                                                                              Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                         Respondent

REASONS FOR ORDER

AND ORDER