Date: 19980615
Docket: IMM-3386-97
OTTAWA, ONTARIO, JUNE 15, 1998
PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
BETWEEN:
MIN HONG ZHENG,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
ORDER
The application for judicial review is granted and the decision of the Board set aside and the matter referred back for rehearing by a differently constituted panel.
"Danièle Tremblay-Lamer"
JUDGE
Date: 19980615
Docket: IMM-3386-97
BETWEEN:
MIN HONG ZHENG,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
TREMBLAY-LAMER J.:
This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board ("Board"), wherein it was determined that the Applicant is not a Convention refugee.
The Applicant is a citizen of China. She fled to Canada after having been allegedly detained by Chinese authorities on charges of espionage and possession of a banned book. The book in question is entitled "The Private Life of Chaiman Mao" and it was authored by Mao Tse Tung's personal physician, Dr. Li. It is an undisputed fact that the book has been banned in China.
The Applicant allegedly obtained the book from a relative visiting from Hong Kong. Not knowing that the book was banned, she took interest in it and began to read it. She brought it to work one day and let a colleague borrow it. The authorities were called and the Applicant was detained and interrogated by them. She was allegedly accused of being involved in espionage activities for foreign countries, as well as spreading counter-revolutionary rumours and publications.
After a week of detention, the Applicant was released to the supervision of her father, a member of the Communist Party, with instructions to report daily to the authorities. She was again detained by the authorities a week or so later. She fell ill and was taken to the hospital where she made her escape.
The Board rejected the Applicant's claim on the ground that her testimony was not credible. Several contradictions and implausibilities were noted in her testimony.
In particular, the Board refused to believe that the Applicant had read the book. In the Reasons for Decision the panel members explained their finding by stating that the Applicant was not able to describe any portions of the book at the hearing. This finding is unsupported by the evidence. On the contrary, the Applicant was able to summarize some portions of what she had read. She specifically testified that in the introduction the author of the book explained that he had been Mao's physician. This erroneous finding led the Board to believe that she had never read the book. This was a central aspect of her claim and it taints the rest of the Board's decision.
As stated by Reed J. in Abdullahi v. Minister of Citizenship and Immigration:[1]
Once the Court has concluded that the Board's decision is based on a substantial error, which if it had not been made might have caused the Board to decide otherwise, that decision should be quashed and referred back for re-consideration by another panel of the Board.
I agree. Consequently, the application for judicial review is granted and the decision of the Board set aside and the matter referred back for rehearing by a differently constituted panel.
Neither counsel recommended certification of a question in this matter. Therefore, no question will be certified.
"Danièle Tremblay-Lamer"
JUDGE
OTTAWA, ONTARIO
June 15, 1998.
TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-3386-97
STYLE OF CAUSE: Min Hong Zheng v. M.C.I.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: June 10, 1998
REASONS FOR ORDER BY:The Honourable Madame Justice Tremblay-Lamer
DATED: June 15, 1998
APPEARANCES:
Ms. Wendy Lackfor the Applicant
Mr. Godwin Fridayfor the Respondent
SOLICITORS OF RECORD:
Ms. Wendy Lack
Toronto, Ontariofor the Applicant
Mr. George Thomson
Deputy Attorney General of Canadafor the Respondent