Date: 20000717
Docket: IMM-243-00
BETWEEN:
MILTHON ERICK AREVALO
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] In the present case, the Applicant"s refugee claim is based on the argument that he has suffered the same persecution as his sister. It is a fact that the Applicant"s sister was admitted to Canada under a Minister"s Permit for the persecution she suffered.
[2] At the Applicant"s refugee claim hearing, the CRDD did not allow the Applicant"s sister to testify on the Applicant"s behalf. The CRDD then decided that, since there was no evidence of persecution of the Applicant"s sister for a Convention reason, the Applicant"s application is unfounded.
[3] I find that it is an error in due process on the facts of this case for the CRDD to intervene to restrict the Applicant"s right to call evidence on the central feature of his claim.
ORDER
[4] Accordingly, I set the CRDD"s decision aside and refer this matter to a differently constituted panel for reconsideration.
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
July 17, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-243-00 |
| STYLE OF CAUSE: MILTHON ERICK AREVALO |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: MONDAY, JULY 17, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
DATED: MONDAY, JULY 17, 2000
| APPEARANCES BY: Mr. Douglas Lehrer |
| For the Applicant |
| Mr. Godwin Friday |
| For the Respondent |
| SOLICITORS OF RECORD: Vander Vennen Lehrer |
Barristers & Solicitors
45 St. Nicolas Street
Toronto, Canada
M4Y 1W6
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000717
Docket: IMM-243-00
BETWEEN:
| MILTHON ERICK AREVALO |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER