Dhanbeer v. Canada (Minister of Citizenship and Immigration)

Dhanbeer v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2004-10-28
Neutral citation
2004 FC 1519
File numbers
IMM-8592-03
Decision Content
Date: 20041028
Docket: IMM-8592-03
Citation: 2004 FC 1519
Toronto, Ontario, October 28th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
SUMMANDAT DHANBEER
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present application the Applicant claims refugee protection on the basis of his ethnicity as an Indo-Guyanese. In his Personal Information Form (PIF) the Applicant provides a detailed evidentiary basis for his subjective and objective fear of persecution at the hands of Afro-Guyanese. In addition, the Applicant substantiates his own evidence of subjective and objective fear by cogent documentary evidence tendered to prove that serious racial tension exists in Guyana between Indo-Guyanese and Afro-Guyanese. The Applicant also makes clear in his evidence that the existing racial tensions take on a specific focus against him, not only because of his ethnicity, but also because of his affluence as an Indo-Guyanese business man.
[2] The issue for determination in the present application is whether, on the face of the Immigration and Refugee Board's decision rejecting the Applicant's claim for protection, there is manifest error. On two grounds, I find that there is.
[3] In my opinion, the IRB completely mischaracterizes the Applicant's claim for Refugee protection when it says that: "The Claimant testified that he thought he and his family were targeted because they had a business in Guyana" (Decision, p. 3). In the three page decision rendered by the IRB there is no acknowledgement of a central feature of the Applicant's claim, being his persecution on the basis of ethnicity. In my opinion, this constitutes a manifest error on the face of the record which, in on of itself, renders the decision as patently unreasonable.
[4] In addition, on the face of the IRB's decision there is no acknowledgement of the cogent and highly relevant evidence of the racial tensions in Guyana. In my opinion, without a consideration of this essential feature of the context in which the Applicant's claim for refugee protection is made, the decision is so deficient as to render it as patently unreasonable.
ORDER
Accordingly, I set aside the IRB's decision and refer this matter back for redetermination before a differently constituted panel.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-8592-03
STYLE OF CAUSE: SUMMANDAT DHANBEER
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: OCTOBER 27, 2004
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: OCTOBER 28, 2004
APPEARANCES BY:
Robert Blanshay FOR THE APPLICANT
Margherita Braccio FOR THE RESPONDENT
SOLICITORS OF RECORD:
Robert I.Blanshay
Barrister & Solicitor
Toronto, Ontario FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto Ontario FOR THE RESPONDENT
FEDERAL COURT
Date: 20041028
Docket: IMM-8592-03
BETWEEN:
SUMMANDAT DHANBEER
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER