Date: 20040325
Docket: IMM-4623-03
Citation: 2004 FC 459
Toronto, Ontario, March 25th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
EMMANUEL BAAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant claims refugee protection from future political persecution in Sierra Leone. The Board did not believe the Applicant's evidence that he is a citizen of Sierra Leone based on three findings: the Applicant could not prove, on questioning by the Board, that he was familiar with the street names of the city of his residence in Sierra Leone being Freetown; the Applicant could not prove, on questioning by the Board, that he was familiar with the recent political history of the country due to his inability to provide details of date and names; and, that the basis of the Applicant's subjective fear of persecution was in contradiction to documentary evidence.
[2] It is agreed that the means whereby the Board tested the Applicant's knowledge of Freetown is fundamentally flawed; the Board based its conclusion on a map of Freetown which is incomplete. Nevertheless, Counsel for the Respondent argues that, apart from this obvious error, the credibility finding should stand because of the contradiction between the Applicant's evidence and the documentary evidence.
[3] I find that the credibility finding cannot be so dissected. It appears that the Board was careless in its questioning about the geography of Freetown, and I agree with Counsel for the Applicant that this fact contaminates the balance of the decision making.
[4] As a result, I find the Board's decision to be patently unreasonable.
ORDER
Accordingly, I set aside the Board's decision and refer this matter to a differently constituted panel for re-determination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4623-03
STYLE OF CAUSE: EMMANUEL BAAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: MARCH 24, 2004
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER: CAMPBELL J.
DATED: MARCH 25, 2004
APPEARANCES BY:
Isak Grushka For the Applicant
Rhonda Marquis For the Respondent
SOLICITORS OF RECORD:
Isak Grushka
Toronto, Ontario. For the Applicant
Morris Rosenberg,
Deputy Attorney General of Canada For the Respondent
FEDERAL COURT
TRIAL DIVISION
Date: 20040325
Docket: IMM-4623-03
BETWEEN:
EMMANUEL BAAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER