Date: 20010215
Docket: IMM-4114-00
Citation: 2001-FCT-82
Between:
EVGUENI SAVVATEEV, ANASTASIA SAVVATEEVA,
IRINA SAVVATEEVA,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP and IMMIGRATION,
Respondent
REASONS FOR LEAVE AND LEAVE GRANTED
Muldoon, J.
[1] This is a sad case from an institutional point of view, for, although the applicants' counsel - presumably, given the sophistication of written citations and arguments, - argues reasonable apprehension of bias, the true fault to be levied against the Convention Refugee Determination Division of the I.R.B. ( C.R.D.D.) is more likely just ignorance and therefore, negligence. In part III of the applicants' filed application for leave and for judicial review, this Court finds support for all allegations except that of bias, no.(7).
[2] Given the alleged expertise of the C.R.D.D.,this reviewing Court expects to observe a reasonably high degree of education, sophistication and general background knowledge on the part of C.R.D.D. members who constitute the adjudicative panels to know, that ever since Jews have indulged in mixed procreative unions, they hold and others perceive, that Jewishness proceeds through, and is passed on by, the mother, is surely expected of C.R.D.D. panel members. Such knowledge is expected of them, as is indicated in paragraph 20 of the applicants' memorandum of argument.
[3] The C.R.D.D. in this case seemed quite arbitrary in ignoring the principal precept of Maldonado v. M.E.I. [1980] 2 F.C. 302:
| When an applicant swears to the truth of certain allegations, this creates a presumption that these allegations are true unless there be reason to doubt their truthfulness. (p.305) |
Here there was no reason to doubt the male applicant's testimony, but, on the contrary every reason to accept it. When it comes to the civil rights of Jews and Gypsies, it seems that Russia and other central and eastern European countries are descending into, if not returning unto the barbaric conduct and attitudes which were prevalent before, and especially during, the Nazi occupation of those lands or parts of them.
LEAVE IS GRANTED
[4] The C.R.D.D.'s impugned decision (T-98-01854, ...55, ...56) is quashed, entirely. The case is referred to a newly and differently constituted C.R.D.D. panel, to be adjudicated consonantly with these reasons and, above all, with the law.
Judge