Artus v. Canada (Citizenship and Immigration)
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Artus v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-01-11 Neutral citation 2008 FC 40 File numbers IMM-4810-06 Decision Content Date: 20080111 Docket: IMM-4810-06 Citation: 2008 FC 40 Ottawa, Ontario, January 11, 2008 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: SUKRU ARTUS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This Refugee Protection Division (RPD) decision under review contained three serious flaws which require that it be quashed. [2] The Applicant, a citizen of Turkey, based his refugee claim on the fact that as a Kurd he had been persecuted by police and nationalist groups, that he practised the Alevi religion and that he was a “leftist” – a member of the Freedom and Solidarity Party (ODP). [3] The errors in this decision are: 1. The RPD acknowledge that the only reason for the late filing of his documentary evidence was the illness of his counsel and then the RPD drew an adverse inference as to his credibility because of lateness. This is both unreasonable and unfair. 2. The RPD held that there was no documentary evidence indicating that ODP members were persecuted whereas the record had numerous references to such persecution. It may have been open to conclude that there was not enough evidence to conclude on persecution but a statement that there is no evidence is so obviously wrong. 3. The Board found that the Applicant’s brother living in Turkey…
Full judgment (source text)
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Artus v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-01-11 Neutral citation 2008 FC 40 File numbers IMM-4810-06 Decision Content Date: 20080111 Docket: IMM-4810-06 Citation: 2008 FC 40 Ottawa, Ontario, January 11, 2008 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: SUKRU ARTUS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This Refugee Protection Division (RPD) decision under review contained three serious flaws which require that it be quashed. [2] The Applicant, a citizen of Turkey, based his refugee claim on the fact that as a Kurd he had been persecuted by police and nationalist groups, that he practised the Alevi religion and that he was a “leftist” – a member of the Freedom and Solidarity Party (ODP). [3] The errors in this decision are: 1. The RPD acknowledge that the only reason for the late filing of his documentary evidence was the illness of his counsel and then the RPD drew an adverse inference as to his credibility because of lateness. This is both unreasonable and unfair. 2. The RPD held that there was no documentary evidence indicating that ODP members were persecuted whereas the record had numerous references to such persecution. It may have been open to conclude that there was not enough evidence to conclude on persecution but a statement that there is no evidence is so obviously wrong. 3. The Board found that the Applicant’s brother living in Turkey was evidence that he would not be persecuted as an Alevi/Kurd. There is no brother. [4] This application for judicial review is granted, the decision quashed and the matter referred back for a new decision by a different panel. [5] There is no question for certification. JUDGMENT THIS COURT ORDERS AND ADJUDGES that this application for judicial review is granted, the RPD decision is quashed and the matter is to be referred back for a new decision by a different panel. “Michael L. Phelan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4810-06 STYLE OF CAUSE: SUKRU ARTUS and THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: November 15, 2007 REASONS FOR JUDGMENT AND JUDGMENT: Phelan J. DATED: January 11, 2008 APPEARANCES: Mr. Angus Grant FOR THE APPLICANT Ms. Kristina Dragaitis FOR THE RESPONDENT SOLICITORS OF RECORD: MORDECHAI WASSERMAN Barristers & Solicitors Toronto, Ontario FOR THE APPLICANT MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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