Date: 19991223
Docket: IMM-680-99
Ottawa, Ontario, the 23rd day of December 1999
Present: The Honourable Justice Pinard
Between:
Tshimanga Tshimbombo
| Applicant |
- and -
Minister of Citizenship and Immigration
| Respondent |
ORDER
The application for judicial review is allowed. The Convention Refugee Determination Division decision dated January 5, 1999, is set aside, and the matter is referred back to a different panel of the Refugee Division for redetermination.
YVON PINARD_____
JUDGE
Certified true translation
Martine Brunet, LL.B.
Date: 19991223
Docket: IMM-680-99
Between:
Tshimanga Tshimbombo
| Applicant |
- and -
Minister of Citizenship and Immigration
| Respondent |
REASONS FOR ORDER
PINARD J.:
[1] This is an application for judicial review of a Convention Refugee Determination Division decision dated January 5, 1999, determining that the applicant is not a Convention refugee as defined in subsection 2(1) of the Immigration Act (the Act), and that he has not established a credible basis for his claim under subsection 69.1(9.1) thereof.
[2] The panel"s finding that [TRANSLATION] "the plaintiff has not established his identity nor that he is a citizen of the DRC" is obviously of crucial importance in the case at bar. However, the panel merely mentioned"without disposing of-the testimony of a third party, who stated he was from the Democratic Republic of the Congo (DRC) and swore that the applicant was truly his brother and that both had the same father and mother. In my opinion, the panel"s omission is serious because it relates to evidence from a third party concerning the very identity of the applicant, whose credibility is in question, and thus in and of itself justifies this Court"s intervention.
[3] Accordingly, the applicaton for judicial review is allowed, the impugned decision is set aside, and the matter is referred back to a different panel of the Refugee Division for redetermination.
_____YVON PINARD_____
JUDGE
OTTAWA, ONTARIO
December 23, 1999
Certified true translation
Martine Brunet, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
COURT NO.: IMM-680-99
STYLE OF CAUSE: TSHIMANGA TSHIMBOMBO v. MCI
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: 23-NOV-1999
REASONS FOR ORDER OF PINARD J.
DATED 23-DEC-99
APPEARANCES:
JOHANNE DOYON FOR THE APPLICANT
FRANÇOIS JOYAL FOR THE RESPONDENT
SOLICITORS OF RECORD:
JOHANNE DOYON FOR THE APPLICANT
Morris Rosenburg FOR THE RESPONDENT
Deputy Attorney General of Canada