Date: 19990420
Docket: IMM-2540-98
BETWEEN:
ANA GABRIELA ESPRIELLA RAMIREZ,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
McKEOWN J.
[1] The applicant, a citizen of Mexico, seeks judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") dated April 27, 1998, wherein the Board found that she is not a Convention refugee.
[2] The issue is whether the Board's findings on credibility are so vague as to make unclear the facts upon which the Board reached its decision. The Board at page 2 of its reasons made the following finding with respect to credibility:
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In carefully reviewing all the evidence placed before it the panel has come to a number of findings. The claimant's demeanour was often intense and direct and she clearly knows some English which in part helped make her testimony appear credible, and yet at other points in the testimony the panel was not satisfied that her testimony was credible or trustworthy. Indeed the panel felt at some points it was embellished. |
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[3] The Board has a duty to give its reasons regarding the applicant's credibility in clear and unambiguous terms. The above findings cannot be considered other than vague and general, see Hilo v. Canada (MEI) (1992) 15 Imm. L.R. (2nd) 199 at 201 F.C.A. Further, if the Board believes only a part of the applicant's story it is obliged to say how much was accepted and how much rejected. As an example where this was not done, I refer to the applicant's testimony in her personal information form wherein she stated:
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The next day I went before the Guanajato authorities (police) to present as announced about the threatening phone call and I asked for protection. In spite of my allegations, the police detained me for 8 hours with the excuse that they were investigating my allegations. Finally, the commander in chief of the police station came to me and told me that Francisco Gamboa was his friend and if I attempted to denounce him in any police station in the country, personnel of the police station would put me in prison for several days. Because of this answer I never again approached any police official. On the same week I received several menacing and obscene calls. |
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[4] This is an important allegation in connection with nexus if it is true. I do not know whether the Board thought her testimony on this point was credible or not. The Board may have believed it was true and balanced it with other factors, but I cannot determine this.
[5] The applicant testified that
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...when Mr. Rangel called me he offered to support me telling me that he was going to support me and nothing was going to happen to me. |
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The Board interpreted this as follows:
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...[t]he claimant testified that Mr. Rangel had offered her protection but that she had declined. The panel does not find that to be particularly reasonable behaviour on the claimant's part. |
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[6] I do not know why the Board felt that Mr. Rangel, alleged by the applicant to be the regional auditing supervisor, could provide protection when the police allegedly had refused protection. Again, lack of clear credibility findings prevents me from knowing what the Board's findings were.
[7] With regard to the IFA, the Board found there was no evidence to substantiate the applicant's stated ongoing fear of persecution. However, the applicant had testified at the hearing that her parents continued to receive threats after she had left Mexico. The Board has not given any indication why it did not find her evidence credible on this point.
[8] I have no choice in light of the Board's vague findings on credibility but to return this matter to a differently constituted board for redetermination. I make no finding on the questions of nexus and IFA because of a lack of facts.
[9] The application for judicial review is allowed, and the decision of the Board dated April 27, 1998 is set aside. The matter is returned to a differently constituted board for redetermination.
(Sgd.) "William P. McKeown"
Judge
Vancouver, British Columbia
April 20, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2540-98
| STYLE OF CAUSE: ANA GABRIELA ESPRIELLA RAMIREZ |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: FRIDAY, APRIL 9, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McKEOWN J.
DATED: TUESDAY, APRIL 20, 1999
APPEARANCES: Mr. David Orman
For the Applicant
Ms. Sally Thomas
For the Respondent
SOLICITORS OF RECORD:
Mr. David Orman
For the Applicant
Deputy Attorney General
of Canada
For the Respondent
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