Date: 19990407
Docket: IMM-4333-98
SASKATOON, SASKATCHEWAN, Wednesday, this 7th day of April, 1999.
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
OTTO BRUKKER, JOZSEF BRUKKER,
and GYULA RUDOLF BAUER,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent.
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] Within the evidence produced on behalf of the applicants in this case, two agents of persecution are clearly identified: local Romanian police and the SRI (Romanian Intelligence Service). In its decision, the CRDD only made an Internal Flight Alternative (IFA) finding with respect to the former. I find that to fail to consider an IFA with respect to the latter constitutes a reviewable error as the decision was made without regard for the evidence.
[2] Accordingly, I set the CRDD decision aside and refer this matter back to a newly constituted panel for reconsideration. As the reviewable error in this case was caused by imprecise decision making, I find special reasons to award costs to the applicants, and, thus, I hereby award costs to them jointly as if they are a single party.
[3] To assist in the reconsideration, I find it necessary to make some observations about the CRDD's decision reviewed in this application.
[4] In the decision no concrete findings of credibility were made with respect to any of the claimants. Instead, the decision cites "allegations" made by the claimants and, on the apparent assumption that these allegations are true, findings are made about the localized nature of persecution by police only. The problem is that the evidence of the claimants also contained allegations of persecution by the SRI. The persecution by the SRI was not mentioned in the decision. Without a clear finding of credibility it is impossible to conclude whether this evidence was accepted or rejected. Such a finding is essential to the consideration of an IFA because the agents of persecution must be identified to know whether an IFA exists. As I have found, failure to do so constitutes a reviewable error.
"Douglas Campbell"
Judge
Saskatoon, Saskatchewan
April 7, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-4333-98
STYLE OF CAUSE: Otto Brukker, Jozsef Brukker, and Gyula Rudolf Bauer v. Minister of Citizenship and Immigration
PLACE OF HEARING: Saskatoon, Saskatchewan
DATE OF HEARING: April 7, 1999
REASONS FOR ORDER
OF THE COURT: The Honourable Mr. Justice Campbell
DATED: April 7, 1999
APPEARANCES
Felix Hoehn for the Applicants
Glennys Bembridge
Dept. of Justice
7th floor, 229 - 4th Avenue South
Saskatoon, Saskatchewan for the Respondent
S7K 4K3
SOLICITORS OF RECORD
Henderson Campbell
Barristers & Solicitors
202 - 135 - 21st Street East
Saskatoon, Saskatchewan
S7K 0B4
for the Applicants
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent