Date: 20020515
Docket: IMM-2506-01
Neutral citation: 2002 FCT 563
CALGARY, Alberta, Wednesday, the 15th day of May, 2002.
Present: THE HONORABLE MR. JUSTICE CAMPBELL
BETWEEN:
CLAUDIA ESMERAL SORIANO CRUZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] The present case concerns a potential persecutory threat received by a father against the life of his daughter. As a result, the Applicant daughter seeks protection as a Convention refugee. An important feature of the hearing held before the CRDD is that the father testified by telephone from El Salvador in Spanish resulting in technical and translation difficulties. The CRDD rejected the Applicant's claim basically on findings of negative credibility.
[2] I am satisfied on the record that there is a fundamental misunderstanding of the evidence provided in Spanish and translated into English. In particular, the evidence with respect to two linear events concerning persecution were erroneously intermixed, with the result that the fundamental persecutory event of a threat against the Applicant's life was not properly considered. The result is a decision made in reviewable error.
ORDER
[3] Accordingly, I set the CRDD's decision aside and refer this matter to a different panel for redetermination.
[4] Because I am satisfied that the fundamental misunderstanding of the evidence is due to the contemporaneous translation into English of evidence given in Spanish over the telephone, I direct that the redetermination be conducted by the CRDD panel accepting oral evidence in Spanish, and having that oral evidence translated and transcribed in its entirety into English, before any cross-examination is conducted and any decision is rendered on the merits of the claim.
[5] I further direct that upon completion of all oral evidence, a transcript be produced and an opportunity be provided to counsel to make written submissions.
"Douglas R. Campbell"
JUDGE
Calgary, Alberta
May 15, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020515
Docket: IMM-2506-01
BETWEEN:
CLAUDIA ESMERAL SORIANO CRUZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2506-01
STYLE OF CAUSE: CLAUDIA ESMERAL SORIANO CRUZ
v. THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: May 15, 2002
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: May 15, 2002
APPEARANCES:
Mrs. D. Jean Munn FOR APPLICANT
Ms. Kerry Franklin RESPONDENT
SOLICITORS OF RECORD:
Caron & Partners
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Attorney General of Canada FOR RESPONDENT
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