Bejleri v. Canada (Minister of Citizenship and Immigration)
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Bejleri v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-09-16 Neutral citation 2004 FC 1262 File numbers IMM-6766-03 Decision Content Date: 20040916 Docket: IMM-6766-03 Citation: 2004 FC 1262 Toronto, Ontario, September 16th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: SILVANA BEJLERI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a citizen of Albania, claims refugee protection on account of her political opinion. In a cryptic six pages decision, the IRB makes critical findings of fact resulting in a conclusion of negative credibility. However, when the findings of fact are examined against the tribunal transcript of evidence, without a doubt, the findings are erroneous. [2] As a result, I find that the decision was made in reviewable error. ORDER Accordingly, I set aside the IRB's decision and refer this matter back to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-6766-03 STYLE OF CAUSE: SILVANA BEJLERI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: SEPTEMBER 16, 2004 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: SEPTEMBER 16, 2004 APPEARANCES BY: Mr. Jeffrey L. Goldman FOR THE APPLICANT Mr. Lorne McClenaghan FOR THE RESPONDENT SOLICITO…
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Bejleri v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-09-16 Neutral citation 2004 FC 1262 File numbers IMM-6766-03 Decision Content Date: 20040916 Docket: IMM-6766-03 Citation: 2004 FC 1262 Toronto, Ontario, September 16th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: SILVANA BEJLERI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a citizen of Albania, claims refugee protection on account of her political opinion. In a cryptic six pages decision, the IRB makes critical findings of fact resulting in a conclusion of negative credibility. However, when the findings of fact are examined against the tribunal transcript of evidence, without a doubt, the findings are erroneous. [2] As a result, I find that the decision was made in reviewable error. ORDER Accordingly, I set aside the IRB's decision and refer this matter back to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-6766-03 STYLE OF CAUSE: SILVANA BEJLERI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: SEPTEMBER 16, 2004 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: SEPTEMBER 16, 2004 APPEARANCES BY: Mr. Jeffrey L. Goldman FOR THE APPLICANT Mr. Lorne McClenaghan FOR THE RESPONDENT SOLICITORS OF RECORD: Jeffrey L. Goldman Toronto, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040916 Docket: IMM-6766-03 BETWEEN: SILVANA BEJLERI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca