Diallo v. Canada (Minister of Citizenship and Immigration)
Court headnote
Diallo v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-02-19 Neutral citation 2004 FC 253 File numbers IMM-4160-03 Decision Content Date: 20040219 Docket: IMM-4160-03 Citation: 2004 FC 253 Winnipeg, Manitoba, the 19th day of February, 2004 BETWEEN: TIMBI DIALLO Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER HENEGHAN J. [1] Mr. Timbi Diallo (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"). In its decision dated May 12, 2003, the Board determined that the Applicant is not a convention refugee nor a person in need of protection pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c.27. [2] The Applicant, a citizen of Guinea, claimed convention refugee protection in Canada on the basis of participation in a demonstration in Conakry in early November 2001. The Board made negative credibility findings and upon review of the evidence, I am satisfied that the Board committed a reviewable error by failing to have regard to the material before it in dealing with this claim. Pursuant to section 18.1(4)(d) of the Federal Court Act, R.S.C. 1985, s.7, as amended, that is sufficient to allow this application for judicial review. [3] This application for judicial review is allowed and the matter is remitted to a differently constituted panel of the Board for redetermination. There is no …
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Diallo v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-02-19 Neutral citation 2004 FC 253 File numbers IMM-4160-03 Decision Content Date: 20040219 Docket: IMM-4160-03 Citation: 2004 FC 253 Winnipeg, Manitoba, the 19th day of February, 2004 BETWEEN: TIMBI DIALLO Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER HENEGHAN J. [1] Mr. Timbi Diallo (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"). In its decision dated May 12, 2003, the Board determined that the Applicant is not a convention refugee nor a person in need of protection pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c.27. [2] The Applicant, a citizen of Guinea, claimed convention refugee protection in Canada on the basis of participation in a demonstration in Conakry in early November 2001. The Board made negative credibility findings and upon review of the evidence, I am satisfied that the Board committed a reviewable error by failing to have regard to the material before it in dealing with this claim. Pursuant to section 18.1(4)(d) of the Federal Court Act, R.S.C. 1985, s.7, as amended, that is sufficient to allow this application for judicial review. [3] This application for judicial review is allowed and the matter is remitted to a differently constituted panel of the Board for redetermination. There is no question for certification arising. ORDER This application for judicial review is allowed and the matter is remitted to a differently constituted panel of the Board for redetermination. There is no question for certification arising. "E. Heneghan" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4160-03 STYLE OF CAUSE: Timbi Diallo v. The Minister of Citizenship and Immigration PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: February 17, 2004 REASONS FOR ORDER AND ORDER: The Honourable Madam Justice Heneghan DATED: February 19, 2004 APPEARANCES: David Matas FOR APPLICANT Nalini Reddy FOR RESPONDENT Department of Justice Winnipeg, Manitoba SOLICITORS OF RECORD: David Matas FOR APPLICANT Barrister & Solicitor 602 - 225 Vaughan Street Winnipeg, MB R3C 1T7 Morris Rosenberg FOR RESPONDENT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca