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Date: 20000516

Docket: IMM-3247-99

Between:

DAMIR OURAZMETOV

Applicant

AND

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

DENAULT J.

[1] This is an application for judicial review of a decision dated June 7, 1999, by the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Refugee Division"), which determined that the applicant, a Russian citizen of Jewish nationality, is not a Convention refugee.

[2] In the case at bar, the Refugee Division was not satisfied that the applicant was of Jewish origin. His birth certificate, however, established that he was born of parents of Jewish nationality. The Refugee Division gave no weight to the birth certificate because the applicant could not explain the discrepancy between the information on his certificate and his answer to question 9 on his Personal Information Form, where he stated that his father was of Tartar nationality. The Refugee Division also faulted him for failing to produce his internal passport without good reason.

[3] As I said at the hearing, I consider that under the circumstances, the Court's intervention is warranted. Inasmuch as the birth certificate clearly established that the applicant was born of parents of Jewish nationality, it was unreasonable not to give any weight to this document just because his father stated, on his own internal passport, that he was also of Tartar nationality. Absent doubt about the validity of this document--the Refugee division did not express any--the certificate was proof of the information contained therein and established, at a minimum, that he was of Jewish parentage.

[4] It was also unreasonable to find that for failing to have produced his internal passport, the claimant was incapable of satisfying the panel that he was of Jewish origin, given that there was ample corroborative evidence that he was of Jewish nationality, that he considered himself Jewish, and that his family and friends did too. One need only refer to his port-of-entry statement, a medical certificate from his home town, and letters from his family. The Refugee Division erred in disregarding this evidence.

[5] For these reasons, the application for judicial review will be allowed, the Refugee Division's decision will be quashed, and a new hearing will have to be held. In the case at bar, there is no serious question of general importance to certify.

Montréal, Quebec Pierre Denault

May 16, 2000 Judge

Certified true translation

Peter Douglas

FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20000516

Docket: IMM-3247-99

Between:

DAMIR OURAZMETOV

Applicant

AND

MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER

COURT FILE NO.: IMM-3247-99

STYLE OF CAUSE: DAMIR OURAZMETOV

Applicant

AND

MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

PLACE OF HEARING: Montréal, Quebec

DATE OF HEARING: May 16, 2000

REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE DENAULT

DATED: May 16, 2000

APPEARANCES:

Jacques Beauchemin for the applicant

Thi My Dung Tran for the respondent

SOLICITORS OF RECORD:

ALARIE, LEGAULT, BEAUCHEMIN

Montréal, Quebec for the applicant

MORRIS ROSENBERG

Deputy Attorney General of Canada

Ottawa, Ontario for the respondent

Date: 20000516

Docket: IMM-3247-99

MONTRÉAL, QUEBEC, THE 16th DAY OF MAY 2000

PRESENT: THE HONOURABLE MR. JUSTICE DENAULT

BETWEEN: DAMIR OURAZMETOV

Applicant

AND

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ORDER

The application for judicial review is allowed, the decision dated June 7, 1999,

by the Convention Refugee Determination Division of the Immigration and

Refugee Board is set aside, and the matter is referred back to the Board for

rehearing and redetermination by a different panel.

Pierre Denault

Judge

Certified true translation

Peter Douglas

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