Pedro v. Canada (Minister of Citizenship and Immigration)
Court headnote
Pedro v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-05-06 Neutral citation 2003 FCT 565 File numbers IMM-1962-02 Decision Content Date: 20030506 Docket: IMM-1962-02 Neutral citation: 2003 FCT 565 Toronto, Ontario, Tuesday, the 6th day of May, 2003 Present: The Honourable Mr. Justice Campbell BETWEEN: ZAINABDEEN BOLAWOLE PEDRO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant was not believed on the entirety of his evidence before the RPD. At the initial sitting of this judicial review, counsel for the Applicant requested that a transcript of the hearing, which had not been produced as part of the Tribunal Record as usual, be produced so that the factual findings underpinning the complete dismissal of the Applicant's evidence might be inspected. As a result, the hearing of the present judicial review application was adjourned for continuation pending a transcript being supplied by the RPD. [2] The RPD's response to the Court's request is contained in a letter dated April 28, 2003 as follows: Please note that we are unable to provide the transcript for February 19, 2002 sitting, as the tapes [sic] for that hearing is blank. [3] I acknowledge that the Applicant does not have a statutory right to the transcript (see Sheng v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 2002). But, on the facts of the present case…
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Pedro v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-05-06 Neutral citation 2003 FCT 565 File numbers IMM-1962-02 Decision Content Date: 20030506 Docket: IMM-1962-02 Neutral citation: 2003 FCT 565 Toronto, Ontario, Tuesday, the 6th day of May, 2003 Present: The Honourable Mr. Justice Campbell BETWEEN: ZAINABDEEN BOLAWOLE PEDRO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant was not believed on the entirety of his evidence before the RPD. At the initial sitting of this judicial review, counsel for the Applicant requested that a transcript of the hearing, which had not been produced as part of the Tribunal Record as usual, be produced so that the factual findings underpinning the complete dismissal of the Applicant's evidence might be inspected. As a result, the hearing of the present judicial review application was adjourned for continuation pending a transcript being supplied by the RPD. [2] The RPD's response to the Court's request is contained in a letter dated April 28, 2003 as follows: Please note that we are unable to provide the transcript for February 19, 2002 sitting, as the tapes [sic] for that hearing is blank. [3] I acknowledge that the Applicant does not have a statutory right to the transcript (see Sheng v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 2002). But, on the facts of the present case, I find that a fair and just disposition of this judicial review application cannot be made without it. ORDER Accordingly, the RPD's decision is set aside and the matter is referred back for redetermination before a differently constituted panel. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of Counsel and Solicitors of Record DOCKET: IMM-1962-02 STYLE OF CAUSE: ZAINABDEEN BOLAWOLE PEDRO Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: TUESDAY, MAY 6, 2003 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: TUESDAY, MAY 6, 2003 APPEARANCES BY: Mr. A. Emeka Nwoko For the Applicant Ms. Mary Matthews For the Respondent SOLICITORS OF RECORD: Mr. A. Emeka Nwoko Barrister & Solicitor 4101 Steeles Avenue West Suite 201 Toronto, Ontario M3N 1V7 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20030506 Docket: IMM-1962-02 BETWEEN: ZAINABDEEN BOLAWOLE PEDRO Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca