Date: 20011030
Docket: IMM-2795-00
Neutral citation: 2001 FCT 1193
BETWEEN:
LEV GRIGORIAN and VALENTINA JYLKA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] This application if for judicial review of a decision made by a single member of the Convention Refugee Determination Division of the Immigration & Refugee Board (the "Board") dated May 2, 2000 in which the Board member determined that, because he could not identify a breach of natural justice, he declined to reopen the applicants' refugee claims.
[2] In my view, the Board member erred in that, in addition to considering whether there had been a breach of natural justice, he failed to also determine whether a reopening of the case was warranted on the basis that the applicants were taking all reasonable and diligent steps to file their personal information forms at the time their claims were found to have been abandoned on October 20, 1999.
[3] However, I should note that the error I have identified is completely understandable, because there is no doubt that the applicants' grounds for their motion to reopen focussed on natural justice issues. However, Mr. Grigorian's affidavit of December 6, 1999 dealt exclusively with the applicants' effort to file their PIFs and this should also have been considered on the motion to reopen.
[4] Accordingly, an order will be made directing Mr. Bubrin to further consider the applicants' motion to reopen from the perspective of whether they exercised due diligence in their efforts to file their PIFs.
"Sandra J. Simpson"
J.F.C.C.
Toronto, Ontario
October 30, 2001