Yosuf v. Canada (Minister of Citizenship and Immigration)
Court headnote
Yosuf v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-09-14 Neutral citation 2004 FC 1242 File numbers IMM-6459-03 Decision Content Date: 20040914 Docket: IMM-6459-03 Citation: 2004 FC 1242 Toronto, Ontario, September 14th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: AHMED YOSUF Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a citizen of Bangladesh, claims Convention refugee status on the basis of a well-founded fear of persecution because of his "political opinion". [2] In the end result, the IRB did not accept the Applicant's evidence of persecution based on findings of negative credibility and implausibility. [3] A central feature of the negative credibility finding is a comparison of a purported Bangladesh government generated document called an "FIR" (First Information Report) and a document generated by the Applicant's political party called a "BNP certificate". In conducting the comparison, the IRB made two key findings which are in fundamental contradiction. On the one hand, the IRB found that the statements in the FIR contradict the statements in the BNP certificate, and, therefore, the discrepancy raises serious concerns regarding the credibility of the claimant's evidence. However, on the other hand, the IRB also found that the FIR is not a genuine document. [4] I find that the fundamental contradiction consti…
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Yosuf v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-09-14 Neutral citation 2004 FC 1242 File numbers IMM-6459-03 Decision Content Date: 20040914 Docket: IMM-6459-03 Citation: 2004 FC 1242 Toronto, Ontario, September 14th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: AHMED YOSUF Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a citizen of Bangladesh, claims Convention refugee status on the basis of a well-founded fear of persecution because of his "political opinion". [2] In the end result, the IRB did not accept the Applicant's evidence of persecution based on findings of negative credibility and implausibility. [3] A central feature of the negative credibility finding is a comparison of a purported Bangladesh government generated document called an "FIR" (First Information Report) and a document generated by the Applicant's political party called a "BNP certificate". In conducting the comparison, the IRB made two key findings which are in fundamental contradiction. On the one hand, the IRB found that the statements in the FIR contradict the statements in the BNP certificate, and, therefore, the discrepancy raises serious concerns regarding the credibility of the claimant's evidence. However, on the other hand, the IRB also found that the FIR is not a genuine document. [4] I find that the fundamental contradiction constitutes a fundamental reviewable error which renders the decision as patently unreasonable. ORDER Accordingly, the IRB's decision is set aside and the matter is referred back to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-6459-03 STYLE OF CAUSE: AHMED YOSUF Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: SEPTEMBER 14, 2004 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: SEPTEMBER 14, 2004 APPEARANCES BY: Ms. Preevanda K. Sapru FOR THE APPLICANT Mr. Marcel Larouche FOR THE RESPONDENT SOLICITORS OF RECORD: Preevanda K. Sapru Toronto, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040914 Docket: IMM-6459-03 BETWEEN: AHMED YOSUF Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca