Date: 20020411
Docket: IMM-3071-01
Neutral Citation: 2002 FCT 415
Toronto, Ontario, Thursday, the 11th day of April, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
STEFAN SIRBU
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] In the present case, the Convention Refugee Determination Division of the Immigration and Refugee Board ("CRDD") decided on the basis of a negative credibility finding that the Applicant was not a Convention refugee. On this basis, the CRDD also rendered a determination under s.69.1(9.1) of the Immigration Act, R.S.C. 1985, c. I-2, that there is no credible basis for the Applicant's claim. As a result, the Applicant has no right to apply to remain as a member of the Post-Determination Refugee Claimants in
Canada class and is liable to be removed within seven days after a removal order is effective.
[2] The Applicant argues that the CRDD decision under s.69.1(9.1) does not comply with the test recently set out by the Federal Court of Appeal in Rahaman v. Canada (M.C.I.), [2002] F.C.J. No. 302, because the CRDD failed to give express reasons rejecting the documentary evidence provided in support of the Applicant's claim. I agree.
ORDER
1. Accordingly, I hereby set aside the CRDD's decision under s.69.1(9.1).
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3071-01
STYLE OF CAUSE: STEFAN SIRBU
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: THURSDAY, APRIL 11, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: THURSDAY, APRIL 11, 2002
APPEARANCES BY: Mr. Ronald Shacter
For the Applicant
Mr. Matthew Oommen
For the Respondent
SOLICITORS OF RECORD: Ronald Shacter
Barrister & Solicitor
45 St. Clair West
Suite 908
Toronto, Ontario
M4V 1K9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020411
Docket: IMM-3071-01
BETWEEN:
STEFAN SIRBU
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER