Date: 20050421
Docket: IMM-3197-04
Citation: 2005 FC 513
Ottawa, Ontario, April 21, 2005
PRESENT: THE HONOURABLE MR. JUSTICE SHORE
BETWEEN:
DENIS PROFKA
Applicant(s)
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent(s)
REASONS FOR ORDER AND ORDER
OVERVIEW
[1]
Personal evidence presented to a specialized tribunal must be addressed in its reasons for decision. The assessment or weight, given to that personal evidence, is for the trier of fact to determine; however, it must be explained for the reasons of a decision to be considered adequately motivated.
Page: 2
JUDICIAL PROCEDURE
[2]
This is an application for judicial review pursuant to subsection 72(1) of the Immigration and Refugee Protection Act[1] (IRPA) of the decision of the Immigration and Refugee Board, Refugee Protection Division (Board) which, on February 19, 2004, dismissed the Applicant's claim for "refugee" status pursuant to section 96 and also that of a "person in need of protection" pursuant to subsection 97(1) of IRPA.
BACKGROUND
[3]
A citizen of Albania, the Applicant, Mr. Denis Profka, alleges a well-founded fear of persecution by reason of his political opinion, namely his membership and support of the Democratic Party.
ISSUE
[4]
Did the Board make a reviewable error?
Page: 3
ANALYSIS
[5]
The Board did not mention the medical certificate submitted by Mr. Profka nor did it state what weight, if any, it gave this evidence. The Court agrees with Mr. Profka that the Board has the
obligation to deal expressly with evidence directly pertaining to the refugee claimant and in corroborating the claim.[2] A medical certificate is such evidence. By not stating expressly the weight it gave the medical certificate and why, the Board made a reviewable error.
CONCLUSION
[6]
For these reasons, the Court answers the question in the affirmative. Consequently, the application for judicial review is allowed. The matter is sent back for re-determination.
ORDER
THIS COURT ORDERS that
1. The application for judicial review be granted;
2. No question be certified.
"Michel M.J. Shore"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3197-04
STYLE OF CAUSE: DENIS PROFKA
v.
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: April 12, 2005
REASONS FOR ORDER
AND ORDER BY: The Honourable Mr. Justice Shore
DATED: April 21, 2005
APPEARANCES:
Mr. David Verzy FOR THE APPLICANT
Mr. David Tyndale FOR THE RESPONDENT
SOLICITORS OF RECORD:
DAVID P. VERZY FOR THE APPLICANT
Toronto, Ontario
JOHN H. SIMS Q.C. FOR THE RESPONDENT
Deputy Minister of Justice and
Deputy Attorney General