Toro v. Canada (Minister of Citizenship and Immigration)
Court headnote
Toro v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-11-20 Neutral citation 2003 FC 1369 File numbers IMM-6309-02 Decision Content Date: 20031120 Docket: IMM-6309-02 Citation: 2003 FC 1369 Toronto, Ontario, November 20th, 2003. Present: The Honourable Mr. Justice von Finckenstein BETWEEN: BLEDAR TORO MANJOLA TORO JUXHINA TORO Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered orally from the bench, but written and edited for clarity and precision) von FINCKENSTEIN J. [1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board"), dated November 19, 2002, in which the Board found that the applicants were neither Convention Refugees nor Persons in Need of Protection. [2] The principal applicant, Bledar Toro, is a 31- year old man from Albania who claims that he was persecuted by the ruling Socialist Party (SP) due to his membership in the Democratic Party (DP) and due to his membership in two social groups: (1) individuals persecuted by past governments and (2) his family, which was has a history of political activism in Albania. His wife, Majola Toro, and daughter, Juxhina Toro, base their claims on those of the principal applicant. [3] In lengthy reasons, the Board found that the principal applicant lacked a well-founded fear of persecution due primarily to the fact that it disbel…
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Toro v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-11-20 Neutral citation 2003 FC 1369 File numbers IMM-6309-02 Decision Content Date: 20031120 Docket: IMM-6309-02 Citation: 2003 FC 1369 Toronto, Ontario, November 20th, 2003. Present: The Honourable Mr. Justice von Finckenstein BETWEEN: BLEDAR TORO MANJOLA TORO JUXHINA TORO Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered orally from the bench, but written and edited for clarity and precision) von FINCKENSTEIN J. [1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board"), dated November 19, 2002, in which the Board found that the applicants were neither Convention Refugees nor Persons in Need of Protection. [2] The principal applicant, Bledar Toro, is a 31- year old man from Albania who claims that he was persecuted by the ruling Socialist Party (SP) due to his membership in the Democratic Party (DP) and due to his membership in two social groups: (1) individuals persecuted by past governments and (2) his family, which was has a history of political activism in Albania. His wife, Majola Toro, and daughter, Juxhina Toro, base their claims on those of the principal applicant. [3] In lengthy reasons, the Board found that the principal applicant lacked a well-founded fear of persecution due primarily to the fact that it disbelieved that he was an active political figure in the country. Specifically, the Board found several identity documents and newspaper articles provided by the applicant to be inauthentic. It also found that the principal's mother had returned to Albania. It therefore held that his mother's return to Albania undermined his argument that he would face persecution based upon family membership if returned to the country. [4] This application must succeed as the Board committed a reversible error. It found on pages 4 and 25 of the tribunal record that the applicant's mother had returned to Albania. On page 26 it then stated: "Given the principal claimant's allegation that the entire family was threatened with death, the panel finds that the mother's action in returning to, and remaining in Albania serve to undermine the principal claimant's allegation that he would be persecuted on the basis of family membership. Accordingly, the panel finds that the principal claimant's fear of persecution on this basis is not well-founded". [5] The fact is that there is absolutely no evidence on the tribunal record that the principal claimant's mother returned to Albania. In his affidavit the applicant claims that she returned to the U.S. [6] Be that as it may, the Board cannot make a finding on the basis of no facts adduced before it and then use such finding to impugn the credibility of the principal claimant. This is a clear violation of procedural fairness. [7] Consequently, pursuant to s.18.1(4) of the Federal Court Act this application for judicial review is allowed. The decision of the Board is vacated and the matter is being referred back to the Board for reconsideration by a differently constituted panel. ORDER THIS COURT ORDERS that: This application is allowed for the reasons stated. The matter is referred back to the Tribunal to be reheard by a differently constituted panel. " K. von Finckenstein" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-6309-02 STYLE OF CAUSE: BLEDAR TORO MANJOLA TORO JUXHINA TORO Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: NOVEMBER 19, 2003 REASONS FOR ORDER AND ORDER : von FINCKENSTEIN J. DATED: NOVEMBER 20, 2003 APPEARANCES: Mr. Daniel L. Winbaum FOR THE APPLICANTS Mr. Stephen Jarvis FOR THE RESPONDENT SOLICITORS OF RECORD: Daniel L. Winbaum FOR THE APPLICANTS Barrister & Solicitor Windsor, Ontario Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20031120 Docket: IMM-6309-02 BETWEEN: BLEDAR TORO MANJOLA TORO JUXHINA TORO Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca