Date: 20000529
Docket: IMM-990-99
BETWEEN:
VASANTHADEVI RATHAKRISHNA
SARAVANAN RATHAKRISHNA
Applicants
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] In the present case, the Applicant has raised strong arguments respecting the credibility findings of the Convention Refugee Determination Division (the "CRDD"), particularly with respect to the contents of the Applicant"s Personal Information Form ("PIF"). A serious concern also exists as to whether the CRDD applied extraneous considerations in reaching the decision.
[2] No transcript of the evidence before the CRDD has been produced, and as I understand it, none can be produced because the tapes of the hearing have been lost.
[3] In my opinion, in the present case, the failure of the CRDD to produce a transcript works to the extreme prejudice of the Applicant. Thus, I find that the CRDD"s failure to produce a complete record of the hearing before it constitutes a breach of natural justice.
ORDER
[4] Accordingly, the decision of the CRDD is set aside, and the matter is referred to a differently constituted panel for re-determination.
"Douglas R. Campbell"
J.F.C.C.
May 29, 2000
Toronto, Ontario
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-990-99 |
| STYLE OF CAUSE: VASANTHADEVI RATHAKRISHNA |
SARAVANAN RATHAKRISHNA
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: MONDAY, MAY 29, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
DATED: MONDAY, MAY 29, 2000
| APPEARANCES: Mr. John O. Grant |
| For the Applicant |
| Mr. Marcel Larouche |
| For the Respondent |
| SOLICITORS OF RECORD: Grant, Dickson |
Barristers & Solicitors
Suite 220, 2000 Argentia Rd., Plaza 1
Mississauga, Ontario
L5N 1P7
| For the Applicant |
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000529
Docket: IMM-990-99
Between:
| VASANTHADEVI RATHAKRISHNA |
SARAVANAN RATHAKRISHNA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
| AND ORDER |