Docket: IMM-4436-13
Citation:
2014 FC 353
Ottawa, Ontario, April 10,
2014
PRESENT: Madam
Justice Sandra J. Simpson
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BETWEEN:
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FIRAS ZUREGAT
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Applicant
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and
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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Respondent
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REASONS FOR JUDGMENT AND JUDGMENT
[1]
This case concerns the Immigration and Refugee
Board’s [the Board] decision of June 7, 2013 refusing to reopen the
Applicant’s refugee claim [the Decision]. He had failed to file a Basis of
Claim form by April 29, 2013 and he did not appear at a hearing on
May 3, 2013 to explain his failure to file. His refugee claim was
therefore declared abandoned in a decision dated May 3, 2013 [the Earlier
Decision].
[2]
In its Earlier Decision, the Board said “The Basis of Claim form kit was provided to him in Arabic
which is the language he speaks.” This passage helps explain a comment
in the Decision under review which reads “At the time the
applicant claimed for refugee protection, he was provided a Basis of Claim kit
with instructions in Arabic language.”
[3]
Counsel for the respondent suggests that this statement
means that, although the kit was in English, the Applicant received
instructions through an Arabic interpreter. However, the Earlier Decision makes
it clear that the Board thought the Arabic language was the language in which
the kit was written. This error caused the Board to reject the Applicant’s
explanation that he failed to file on time or appear because he didn’t
understand English.
[4]
Accordingly, the Decision on its face discloses
a failure of natural justice in that the Board relied on the existence of a
Basis of Claim Form in Arabic which does not exist.
I.
Certification
[5]
No question was posed for certification for
appeal.
JUDGMENT
THIS COURT’S JUDGMENT is that the
application is allowed, the Decision is set aside and the Respondent is
directed to process the Applicant’s refugee claim based on the Basis of Claim Form
he filed on May 8, 2013.
“Sandra J. Simpson”
FEDERAL
COURT
SOLICITORS
OF RECORD
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DOCKET:
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IMM-4436-13
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STYLE OF CAUSE:
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FIRAS ZUREGAT v THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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PLACE OF
HEARING:
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Toronto, Ontario
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DATE OF
HEARING:
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March 6, 2014
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REASONS
FOR JUDGMENT AND JUDGMENT:
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Simpson J.
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DATED:
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April 10, 2014
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APPEARANCES:
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Mr. Marvin Moses
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For
The Applicant
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Ms. Amina Riaz
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For
The Respondent
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SOLICITORS OF RECORD:
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Mr. Marvin Moses
Marvin Moses Law Office
Toronto, Ontario
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For
The Applicant
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Mr. Myles J. Kirvan
Deputy Attorney General of Canada
Ottawa, Ontario
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For
The Respondent
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