Date: 20020226
Docket: IMM-6588-00
Neutral Citation: 2002 FCT 207
Between:
HUA LIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
[1] The applicant seeks judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) dated November 30, 2000, in which the Board determined she was not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2.
[2] At the hearing before me, learned counsel for the respondent conceded that the Board completely overlooked the issue of refugee sur place which was clearly raised before it by the former counsel for the applicant.
[3] The intervention of this Court is, therefore, warranted. Given the importance of such an issue and, accordingly, the seriousness of the error made by the Board, I consider it more appropriate that the plaintiff's claim for refugee status be reconsidered in its entirety by a differently constituted panel.
[4] Consequently, the application for judicial review is allowed, the Board's decision is set aside and the matter is remitted for rehearing by a differently constituted panel.
JUDGE
OTTAWA, ONTARIO
February 26, 2002
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-6588-00
STYLE OF CAUSE: HUA LIN v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: MONTREAL, QUEBEC
DATE OF HEARING: JANUARY 25, 2002
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD DATED: FEBRUARY 26, 2002
APPEARANCES:
Me DIANE DORAY THE APPLICANT
Me DANIEL LATULIPPE THE RESPONDENT
SOLICITORS ON THE RECORD:
DIANE N. DORAY THE APPLICANT MONTREAL, QUEBEC
MR. MORRIS ROSENBERG FOR THE RESPONDENT DEPUTY ATTORNEY GENERAL OF CANADA
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