Date: 20000210
Docket: IMM-2080-99
BETWEEN:
BENYAMIN BADAL
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] The Applicant applies for refugee status on the ground that, as a convert to Islam, and, nevertheless, as a practicing Christian, he will suffer persecution if he returns to Iran.
[2] The fundamental question asked by the Refugee Board hearing the case was: "Is the claimant a Christian?" In this respect, the Board asked that the Applicant"s baptismal certificate be supplied subsequent to the oral hearing. According to the finding made by Board, it was not submitted as requested.
[3] A fair interpretation of the Board"s reasons on this issue is that a central negative finding of credibility was made as a result of the failure of the Applicant to supply the certificate.
[4] I am satisfied that this finding was made in reviewable error since it is erroneously based on the innocent, unexplained, apparent loss of the certificate.
[5] Counsel acting for the Applicant before the Board has sworn an affidavit from which I find that counsel had the original certificate to submit, intended to submit it, and sent a letter describing it as an attachment to a letter sent to the Board. Somehow, the certificate was not placed before the Board, and is now, apparently, lost.
[6] Accordingly, pursuant to section 18.1(4)(d) of the Federal Court Act, I set the Board"s decision aside and refer this matter back to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
February 10, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2080-99 |
| STYLE OF CAUSE: BENYAMIN BADAL |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: THURSDAY, FEBRUARY 10, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
DATED: THURSDAY, FEBRUARY 10, 2000
| APPEARANCES: Mr. Micheal Crane |
| For the Applicant |
| Mr. Martin Anderson |
| For the Respondent |
| SOLICITORS OF RECORD: Micheal Crane |
| Barrister & Solicitor |
| 166 Pearl Street, Suite 200 |
| Toronto, Ontario |
| M5H 1L3 |
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000210
Docket: IMM-2080-99
Between:
| BENYAMIN BADAL |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
| AND ORDER |