Date: 20041210
Docket: IMM-4949-04
Citation: 2004 FC 1706
BETWEEN:
RAISSA KOTKOVA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
[1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board") dated November 17, 2003, wherein the Board found the applicant not to be a Convention refugee or a "person in need of protection" as defined in sections 96 and 97 respectively of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Raissa Kotkova (the applicant) is a citizen of Russia. She alleges a well-founded fear of persecution based on her Jewish religion.
[3] In support of his opinion that the applicant is not credible and that state protection is available, the panel member expressed the following in his decision, among other things:
. . . De plus, la revendicatrice en apparence, ne semble pas Juive et elle-même a admis que ses traits physiques n'indiquent pas qu'elle est Juive. Suite à cette analyse du profil de la revendicatrice, le Tribunal a voulu savoir comment les gens pouvaient l'identifier comme Juive?
[4] Whether it is expressed consciously or not, this kind of stereotypical consideration, entirely based on the appearance of an individual, is unfortunately such that it fosters unacceptable prejudice toward Jews and cannot be used to discredit the applicant's stated fear of being persecuted on the basis of her Jewish religion. In my view, comments such as these, under the circumstances, vitiate the whole decision at issue.
[5] Accordingly, the application for judicial review is allowed, the decision of the Board, dated November 17, 2003, is set aside and the matter referred to a differently constituted panel for redetermination.
JUDGE
OTTAWA, ONTARIO
December 10, 2004
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4949-04
STYLE OF CAUSE: RAISSA KOTKOVA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 10, 2004
REASONS FOR ORDER BY: PINARD J.
DATED: December 10, 2004
APPEARANCES:
Me Andrea C. Snizynsky FOR THE APPLICANT
Me Andrea Shahin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Andrea C. Snizynsky FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec