Cruz v. Canada (Minister of Citizenship and Immigration)
Court headnote
Cruz v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-05-15 Neutral citation 2002 FCT 563 File numbers IMM-2506-01 Decision Content Date: 20020515 Docket: IMM-2506-01 Neutral citation: 2002 FCT 563 CALGARY, Alberta, Wednesday, the 15th day of May, 2002. Present: THE HONORABLE MR. JUSTICE CAMPBELL BETWEEN: CLAUDIA ESMERAL SORIANO CRUZ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER CAMPBELL, J.: [1] The present case concerns a potential persecutory threat received by a father against the life of his daughter. As a result, the Applicant daughter seeks protection as a Convention refugee. An important feature of the hearing held before the CRDD is that the father testified by telephone from El Salvador in Spanish resulting in technical and translation difficulties. The CRDD rejected the Applicant's claim basically on findings of negative credibility. [2] I am satisfied on the record that there is a fundamental misunderstanding of the evidence provided in Spanish and translated into English. In particular, the evidence with respect to two linear events concerning persecution were erroneously intermixed, with the result that the fundamental persecutory event of a threat against the Applicant's life was not properly considered. The result is a decision made in reviewable error. ORDER [3] Accordingly, I set the CRDD's decision aside and refer this matter to a different panel f…
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Cruz v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-05-15 Neutral citation 2002 FCT 563 File numbers IMM-2506-01 Decision Content Date: 20020515 Docket: IMM-2506-01 Neutral citation: 2002 FCT 563 CALGARY, Alberta, Wednesday, the 15th day of May, 2002. Present: THE HONORABLE MR. JUSTICE CAMPBELL BETWEEN: CLAUDIA ESMERAL SORIANO CRUZ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER CAMPBELL, J.: [1] The present case concerns a potential persecutory threat received by a father against the life of his daughter. As a result, the Applicant daughter seeks protection as a Convention refugee. An important feature of the hearing held before the CRDD is that the father testified by telephone from El Salvador in Spanish resulting in technical and translation difficulties. The CRDD rejected the Applicant's claim basically on findings of negative credibility. [2] I am satisfied on the record that there is a fundamental misunderstanding of the evidence provided in Spanish and translated into English. In particular, the evidence with respect to two linear events concerning persecution were erroneously intermixed, with the result that the fundamental persecutory event of a threat against the Applicant's life was not properly considered. The result is a decision made in reviewable error. ORDER [3] Accordingly, I set the CRDD's decision aside and refer this matter to a different panel for redetermination. [4] Because I am satisfied that the fundamental misunderstanding of the evidence is due to the contemporaneous translation into English of evidence given in Spanish over the telephone, I direct that the redetermination be conducted by the CRDD panel accepting oral evidence in Spanish, and having that oral evidence translated and transcribed in its entirety into English, before any cross-examination is conducted and any decision is rendered on the merits of the claim. [5] I further direct that upon completion of all oral evidence, a transcript be produced and an opportunity be provided to counsel to make written submissions. "Douglas R. Campbell" JUDGE Calgary, Alberta May 15, 2002 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020515 Docket: IMM-2506-01 BETWEEN: CLAUDIA ESMERAL SORIANO CRUZ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2506-01 STYLE OF CAUSE: CLAUDIA ESMERAL SORIANO CRUZ v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: CALGARY, Alberta DATE OF HEARING: May 15, 2002 REASONS FOR ORDER AND ORDER : CAMPBELL, J. DATED: May 15, 2002 APPEARANCES: Mrs. D. Jean Munn FOR APPLICANT Ms. Kerry Franklin RESPONDENT SOLICITORS OF RECORD: Caron & Partners Calgary, Alberta FOR APPLICANT Morris Rosenberg Attorney General of Canada FOR RESPONDENT
Source: decisions.fct-cf.gc.ca