Wei v. Canada (Minister of Citizenship and Immigration)

Wei v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-07-23
Neutral citation
2002 FCT 817
File numbers
IMM-5904-01
Decision Content
Date: 20020723
Docket: IMM-5904-01
Neutral Citation: 2002 FCT 817
BETWEEN:
Xiao Bao WEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] This is an application for judicial review of the decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "CRDD"), dated November 23, 2001, wherein the Applicant was determined not to be a Convention refugee.
[2] The Applicant is a citizen of the People's Republic of China who is a native speaker of Mandarin. Accordingly, the refugee hearing was conducted with the aid of an interpreter.
[3] In Mohammadian v. M.C.I., 2001 F.C.A. 191, the Federal Court of Appeal held that s.14 of the Charter applies to proceedings before the CRDD. The following principles were outlined by the Court:
a. The interpretation provided to the refugee claimant must be continuous, precise, competent, impartial and contemporaneous;
b. The refugee claimant need not show that he has suffered actual prejudice as a result of a breach of the standard of interpretation before the Court can interfere with the CRDD's decision; and,
c. Complaints about the quality of interpretation must be made at the first opportunity, that is, before the CRDD.
[4] In the present case, through his counsel early on in the course of the hearing, the Applicant made an objection to the quality of the interpretation. In my opinion, this objection was dismissed without due consideration.
[5] I am satisfied on the evidence produced in support of the present application that there is a strong likelihood that the Applicant's evidence was not fairly and accurately adduced before the CRDD because of the unheeded objection.
[6] On the evidence provided, I find that the interpretation provided in the present case did not meet the standard outlined in Mohammadian, supra. As a result, the CRDD's decision was made in reviewable error.
O R D E R
Accordingly, the CRDD's decision is set aside and the matter is referred back to a different panel for redetermination.
(Sgd.) "Douglas R. Campbell"
Judge
Vancouver, B.C.
July 23, 2002
I HEREBY CERTIFY that the above document
is a true copy of the original filed of record
in the Registry of the Federal Court of Canada
on the _______ day of ___________ A.D. 20 ____
Dated this _______ day of ____________ 20 ____
________________________________________
Anita Merai-Schwartz, Registry Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5904-01
STYLE OF CAUSE: XIAO BAO WEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: July 23, 2002
REASONS FOR ORDER: CAMPBELL J.
DATED: July 23, 2002
APPEARANCES:
Antya Schrack for Applicant
Banafsheh Sokhansanj for Respondent
SOLICITORS OF RECORD:
Antya Schrack for Applicant
Vancouver, B.C.
Morris Rosenberg for Respondent
Deputy Attorney General of Canada