Ghazvin v. Canada (Citizenship and Immigration)
Court headnote
Ghazvin v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-11-13 Neutral citation 2002 FCT 1178 File numbers IMM-5765-01 Decision Content Date: 20021113 Docket: IMM-5765-01 Neutral citation: 2002 FCT 1178 Toronto, Ontario, Wednesday, the 13th day of November, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: ESMATOLMOLOUK GHAZVIN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the CRDD accepted the Applicant's evidence that her family had suffered horrendous persecution at the hands of the Iranian authorities; as a result of their anti-revolutionary activities, her husband on one son had been executed and three of her children had successfully obtained refugee status in Canada. [2] The question is whether the Applicant's evidence puts her within the ambit of this persecution as a family member. [3] A central element of the Applicant's evidence is that she had become involved with student activists and fears persecution as a result of being perceived by the Iranian government to be anti-revolutionary herself. In its decision, the CRDD did not deal directly with the Applicant's evidence respecting her support activities of the students, but chose instead to decide this central element of the Applicant's case against her on the basis of previously obtained knowledge on the part of the panel that peripheral family members of student activists are not of…
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Ghazvin v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-11-13 Neutral citation 2002 FCT 1178 File numbers IMM-5765-01 Decision Content Date: 20021113 Docket: IMM-5765-01 Neutral citation: 2002 FCT 1178 Toronto, Ontario, Wednesday, the 13th day of November, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: ESMATOLMOLOUK GHAZVIN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the CRDD accepted the Applicant's evidence that her family had suffered horrendous persecution at the hands of the Iranian authorities; as a result of their anti-revolutionary activities, her husband on one son had been executed and three of her children had successfully obtained refugee status in Canada. [2] The question is whether the Applicant's evidence puts her within the ambit of this persecution as a family member. [3] A central element of the Applicant's evidence is that she had become involved with student activists and fears persecution as a result of being perceived by the Iranian government to be anti-revolutionary herself. In its decision, the CRDD did not deal directly with the Applicant's evidence respecting her support activities of the students, but chose instead to decide this central element of the Applicant's case against her on the basis of previously obtained knowledge on the part of the panel that peripheral family members of student activists are not of interest to the authorities. [4] I am satisfied that proper notice of this question was not given as required by s. 68(5) of the Immigration Act and, in any event, the knowledge relied upon does not answer the Applicant's sworn testimony that she is within the ambit of persecution because her perceived direct involvement in student unrest. [5] As a result, I find the CRDD's decision was made in reviewable error. ORDER Accordingly, I set aside the decision and refer the matter back to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of counsel and solicitors of record DOCKET: IMM-5765-01 STYLE OF CAUSE: ESMATOLMOLOUK GHAZVIN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: WEDNESDAY, NOVEMBER 13, 2002 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: WEDNESDAY, NOVEMBER 13, 2002 APPEARANCES BY: Mr. Micheal Crane For the Applicant Mr. Robert Bafaro For the Respondent SOLICITORS OF RECORD: Micheal Crane Barrister & Solicitor 166 Pearl Street Suite 100 Toronto, Ontario M5H 1L3 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20021113 Docket: IMM-5765-01 BETWEEN: ESMATOLMOLOUK GHAZVIN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca