Date: 20040219
Docket: IMM-4160-03
Winnipeg, Manitoba, the 19th day of February, 2004
BETWEEN:
TIMBI DIALLO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] Mr. Timbi Diallo (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"). In its decision dated May 12, 2003, the Board determined that the Applicant is not a convention refugee nor a person in need of protection pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c.27.
[2] The Applicant, a citizen of Guinea, claimed convention refugee protection in Canada on the basis of participation in a demonstration in Conakry in early November 2001. The Board made negative credibility findings and upon review of the evidence, I am satisfied that the Board committed a reviewable error by failing to have regard to the material before it in dealing with this claim. Pursuant to section 18.1(4)(d) of the Federal Court Act, R.S.C. 1985, s.7, as amended, that is sufficient to allow this application for judicial review.
[3] This application for judicial review is allowed and the matter is remitted to a differently constituted panel of the Board for redetermination. There is no question for certification arising.
ORDER
This application for judicial review is allowed and the matter is remitted to a differently constituted panel of the Board for redetermination. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4160-03
STYLE OF CAUSE: Timbi Diallo v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: February 17, 2004
REASONS FOR ORDER
AND ORDER: The Honourable Madam Justice Heneghan
DATED: February 19, 2004
APPEARANCES:
David Matas FOR APPLICANT
Nalini Reddy FOR RESPONDENT
Department of Justice
Winnipeg, Manitoba
SOLICITORS OF RECORD:
David Matas FOR APPLICANT
Barrister & Solicitor
602 - 225 Vaughan Street
Winnipeg, MB R3C 1T7
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada