Adam v. Canada (Citizenship and Immigration)
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Adam v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-29 Neutral citation 2004 FC 479 File numbers IMM-4449-03 Decision Content Date: 20040329 Docket: IMM-4449-03 Citation: 2004 FC 479 Toronto, Ontario, March 29th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: JOZSEF ADAM and EVA ADAM Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the IRB makes two credibility findings termed "negative inferences". In my opinion, on the face of the decision there is no adequate explanation provided for these credibility findings as required by Maldonado v. M.E.I. [1980] 2 F.C. 302 (C.A.). [2] As a result, I find the IRB's decision was made in a reviewable error. ORDER Accordingly, I set aside the IRB's decision and refer this matter to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4449-03 STYLE OF CAUSE: JOZSEF ADAM and EVA ADAM Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MARCH 23, 2004 REASONS FOR ORDER AND ORDER BY : CAMPBELL J. DATED: MARCH 29, 2004 APPEARANCES: Ms. Elizabeth Jaszi FOR THE APPLICANTS Mr. Michael Butterfield FOR THE RESPONDENT SOLICITORS OF RECORD: Elizabeth Jaszi Barristers & Solicitors Toronto, Ontario FOR THE APPLICANTS Morris Rosenberg Deputy Attorney Genera…
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Adam v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-29 Neutral citation 2004 FC 479 File numbers IMM-4449-03 Decision Content Date: 20040329 Docket: IMM-4449-03 Citation: 2004 FC 479 Toronto, Ontario, March 29th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: JOZSEF ADAM and EVA ADAM Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the IRB makes two credibility findings termed "negative inferences". In my opinion, on the face of the decision there is no adequate explanation provided for these credibility findings as required by Maldonado v. M.E.I. [1980] 2 F.C. 302 (C.A.). [2] As a result, I find the IRB's decision was made in a reviewable error. ORDER Accordingly, I set aside the IRB's decision and refer this matter to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4449-03 STYLE OF CAUSE: JOZSEF ADAM and EVA ADAM Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MARCH 23, 2004 REASONS FOR ORDER AND ORDER BY : CAMPBELL J. DATED: MARCH 29, 2004 APPEARANCES: Ms. Elizabeth Jaszi FOR THE APPLICANTS Mr. Michael Butterfield FOR THE RESPONDENT SOLICITORS OF RECORD: Elizabeth Jaszi Barristers & Solicitors Toronto, Ontario FOR THE APPLICANTS Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT TRIAL DIVISION Date: 20040329 Docket: IMM-4449-03 BETWEEN: JOZSEF ADAM and EVA ADAM Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca