Rodina v. Canada (Minister of Citizenship and Immigration), docket IMM-1922-99

Date: 20000529

Docket: IMM-1922-99

OTTAWA, Ontario, this 29^th day of May, 2000

PRESENT: The Honourable Mr. Justice Rouleau

BETWEEN:

     VICTORIYA RODINA

     and

     NIKOLAI RODINE

     Applicants

AND:

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     ORDER AND REASONS FOR ORDER

ROULEAU, J.

[1]      This is an application for judicial review pursuant to section 82.1 of the Immigration Act, R.S.C. 1985, c. I-2, of a decision of the Refugee Division of the Immigration and Refugee Board rendered on March 25, 1999 and determining that the applicants were not Convention refugees.

[2]      This matter came before me at Toronto on May 18, 2000. Following the submissions by both parties, I directed from the Bench that I was satisfied this application for judicial review should be allowed.

[3]      It was obvious to me that the Board failed to properly exercise its discretion in the interpretation of most of the documentary evidence with respect to the situation of Jews in Russia. I am of the view that since they failed to comment on it properly, it could support the applicants" allegation that Jewish people are at risk in Russia.

[4]      This application for judicial review is allowed and the matter will be returned to a newly constituted panel for rehearing.

                                 JUDGE