Date: 20000713
Docket: IMM-6344-99
BETWEEN:
RADOSLAV ITZOV RADOSLAVOV
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] In the present case, the Convention Refugee Determination Division of the Immigration and Refugee Board (the "CRDD") dealt with all four claimants herein jointly, because all four claims relate to the same fact situation, and three of the four men are related. All four claimants base their claim to well-founded fear of persecution on a combination of their ethnicity and their perceived political opinion; they are Macedonians and Muslims by faith and identified as being connected to the party "OMO Illinden".
[2] The fact situation recounted by the CRDD in its decision was apparently accepted as true for all four claimants. Therefore, the refugee claims made by Djembazki, Vratchov and Ayt were accepted as proven. However, the claim made by Radoslavov was not.
[3] Even though the CRDD described him as a "dull" and "inarticulate" witness, Radoslavov"s claim was denied on the basis of inconsistencies in his evidence. In reaching this decision, the CRDD apparently disregarded the evidence which it had accepted for Djembazki, Vratchov and Ayt. I find this to be a reviewable error.
[4] In my opinion, it is not possible for the evidence that was accepted for Djembazki, Vratchov and Ayt, in which Radoslavov was an integral participant, not to be accepted for Radoslavov. Therefore, I find that, pursuant to s.18.1(4)(d) of the Federal Court Act, the CRDD"s decision was made without regard to the evidence before it.
ORDER
[5] Accordingly, given the very unusual circumstances of this case, I set the CRDD"s decision aside and refer the matter back to the same panel members for reconsideration on the following directions:
| 1. That the summary of alleged facts as stated in the decision under review with respect to Djembazki and Vratchov at pages 1 to 3, and with respect to Ayt at pages 5 to 6, be accepted as true; |
| 2. The redetermination be decided on the basis of this evidence only. |
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
July 13, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-6344-99 |
| STYLE OF CAUSE: RADOSLAV ITZOV RADOSLAVOV |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: WEDNESDAY, JULY 12, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: CAMPBELL J. |
DATED: THURSDAY, JULY 13, 2000
| APPEARANCES BY: Ms. Helen Turner |
| For the Applicant |
| Mr. Kevin Lunney |
| For the Respondent |
| SOLICITORS OF RECORD: Ms. Helen Turner |
Barrister & Solicitor
80 Richmond Street, West
Toronto, Ontario
M5H 2A4
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000713
Docket: IMM-6344-99
BETWEEN:
| RADOSLAV ITZOV RADOSLAVOV |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER