Date: 20021113
Docket: IMM-5765-01
Neutral citation: 2002 FCT 1178
Toronto, Ontario, Wednesday, the 13th day of November, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
ESMATOLMOLOUK GHAZVIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the CRDD accepted the Applicant's evidence that her family had suffered horrendous persecution at the hands of the Iranian authorities; as a result of their anti-revolutionary activities, her husband on one son had been executed and three of her children had successfully obtained refugee status in Canada.
[2] The question is whether the Applicant's evidence puts her within the ambit of this persecution as a family member.
[3] A central element of the Applicant's evidence is that she had become involved with student activists and fears persecution as a result of being perceived by the Iranian government to be anti-revolutionary herself. In its decision, the CRDD did not deal directly with the Applicant's evidence respecting her support activities of the students, but chose instead to decide this central element of the Applicant's case against her on the basis of previously obtained knowledge on the part of the panel that peripheral family members of student activists are not of interest to the authorities.
[4] I am satisfied that proper notice of this question was not given as required by s. 68(5) of the Immigration Act and, in any event, the knowledge relied upon does not answer the Applicant's sworn testimony that she is within the ambit of persecution because her perceived direct involvement in student unrest.
[5] As a result, I find the CRDD's decision was made in reviewable error.
ORDER
Accordingly, I set aside the decision and refer the matter back to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of counsel and solicitors of record
DOCKET: IMM-5765-01
STYLE OF CAUSE: ESMATOLMOLOUK GHAZVIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, NOVEMBER 13, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: WEDNESDAY, NOVEMBER 13, 2002
APPEARANCES BY: Mr. Micheal Crane
For the Applicant
Mr. Robert Bafaro
For the Respondent
SOLICITORS OF RECORD: Micheal Crane
Barrister & Solicitor
166 Pearl Street
Suite 100
Toronto, Ontario
M5H 1L3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20021113
Docket: IMM-5765-01
BETWEEN:
ESMATOLMOLOUK GHAZVIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND
ORDER
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