Bascombe v. Canada (Minister of Citizenship and Immigration), docket IMM-2475-99

Date: 20000531

Docket: IMM-2475-99

                                    

BETWEEN:

     BRENDA DENISE BASCOMBE

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

    

     Respondent

     REASONS FOR ORDER AND ORDER

TEITELBAUM J.

                                    

[1]      The application for judicial review is allowed and the matter is referred back to a different Post-Claim Determination Officer for a new hearing.

[2]      The applicant is permitted to file new documents as further evidence.

[3]      I have allowed the present application as I am satisfied that the Post-Claim Determination Officer had fettered her discretion by referring and relying on the CRDD"s assessment of the applicant"s credibility.

[4]      It is for the PCDO to determine the credibility of the applicant and not for another tribunal to do so.

[5]      Furthermore, and this is admitted by the Respondent, grant of the PCDO"s decision is based on a factual error. In her summary, the PCDO stated that Mr. Charles "warned her that if she called the police they would find out that he was illegal and he would be deported".

[6]      This is indeed an error. The applicant stated that she did not call the police because they would find out that she was illegal and that she would be deported.

[7]      I do not wish to speculate how this error may or may not have affected the final decision of the PCDO.

                            

[8]      Therefore the matter is returned for a new hearing before a different PCDO.

                             "Max M. Teitelbaum"     

     J.F.C.C.

Toronto, Ontario

May 31, 2000     

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FEDERAL COURT OF CANADA

                    

     Names of Counsel and Solicitors of Record

                                                

COURT NO:                      IMM-2475-99

STYLE OF CAUSE:                  BRENDA DENISE BASCOMBE

     Applicant

                         -and-

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

     Respondent

DATE OF HEARING:              TUESDAY, MAY 30, 2000

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER AND

ORDER BY:                      TEITELBAUM J.

DATED:                      WEDNESDAY, MAY 31, 2000

                                        

APPEARANCES BY:              Ms. Geraldine Sadoway

                                 For the Applicant

                                

                         Ms. U. Kaczmarczyk

                            

                                 For the Respondent

SOLICITORS OF RECORD:          Geraldine Sadoway

                         Barrister and Solicitor

                         Parkdale Community Legal Services

                         165 Dufferin Street

                         Toronto, Ontario

                         M6K 1Y9

                            

                                 For the Applicant

                            

                         Morris Rosenberg

                         Deputy Attorney General of Canada

                                 For the Respondent

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                             FEDERAL COURT OF CANADA

                                 Date: 20000531

                        

         Docket: IMM-2475-99

                             Between:

                             BRENDA DENISE BASCOMBE

Applicant

                             -and-

                             THE MINISTER OF CITIZENSHIP

                             AND IMMIGRATION

                                            

Respondent

                            

        

REASONS FOR ORDER

                             AND ORDER