Cisma v. Canada (Minister of Citizenship and Immigration)
Court headnote
Cisma v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-16 Neutral citation 2004 FC 400 File numbers IMM-3065-03 Decision Content Date: 20040316 Docket: IMM-3065-03 Citation: 2004 FC 400 Winnipeg, Manitoba, the 16th day of March, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: VASILE CISMA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant claims refugee protection based on his prospective fear that, as Roma, were he to return to Romania, he would be persecuted. [2] The Refugee Board's primary finding was that "there is insufficient credible and trustworthy evidence to establish the claimant is of Roma ethnicity" (Decision, p.11). [3] In the course of the oral hearing, four credibility findings made by the Board were canvassed in detail. In the course of the hearing, I ruled that each of the Board's findings respecting the Applicant's brother, his membership in the Roma party, his Roma Party membership card, and his letter of reference, are unreasonable. Counsel for the Respondent conceded that the Board's finding with respect to the Roma Party membership card was based on a misunderstanding of the evidence. [4] As a result, given my rulings, counsel for the Respondent conceded that the Board's primary finding could not stand. Consequently, I found it unnecessary to consider the Applicant's ten other objections to the Board'…
Read full judgment
Cisma v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-16 Neutral citation 2004 FC 400 File numbers IMM-3065-03 Decision Content Date: 20040316 Docket: IMM-3065-03 Citation: 2004 FC 400 Winnipeg, Manitoba, the 16th day of March, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: VASILE CISMA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant claims refugee protection based on his prospective fear that, as Roma, were he to return to Romania, he would be persecuted. [2] The Refugee Board's primary finding was that "there is insufficient credible and trustworthy evidence to establish the claimant is of Roma ethnicity" (Decision, p.11). [3] In the course of the oral hearing, four credibility findings made by the Board were canvassed in detail. In the course of the hearing, I ruled that each of the Board's findings respecting the Applicant's brother, his membership in the Roma party, his Roma Party membership card, and his letter of reference, are unreasonable. Counsel for the Respondent conceded that the Board's finding with respect to the Roma Party membership card was based on a misunderstanding of the evidence. [4] As a result, given my rulings, counsel for the Respondent conceded that the Board's primary finding could not stand. Consequently, I found it unnecessary to consider the Applicant's ten other objections to the Board's credibility finding. ORDER I set aside the Board's decision, and refer this matter to a differently constituted panel for redetermination. "Douglas Campbell" Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3065-03 STYLE OF CAUSE: Vasile Cisma v. The Minister of Citizenship and Immigration PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: March 16, 2004 REASONS FOR ORDER AND ORDER: The Honourable Mr. Justice Campbell DATED: March 16, 2004 APPEARANCES: David Matas FOR APPLICANT Nalini Reddy FOR RESPONDENT Department of Justice Winnipeg, Manitoba SOLICITORS OF RECORD: David Matas FOR APPLICANT Barrister & Solicitor Winnipeg, Manitoba Morris Rosenberg FOR RESPONDENT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca