Date: 19980619
Docket: IMM-3119-97
Ottawa, Ontario, this 19th day of June, 1998
Present : The Honourable Mr. Justice Pinard
Between :
MABEL OJIE
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The application for judicial review of the decision of the Refugee Division of the Immigration and Refugee Board dated July 4, 1997, in which the applicant's motion to reopen her hearing was denied, is dismissed.
JUDGE
Date: 19980619
Docket: IMM-3119-97
Between :
MABEL OJIE
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD, J. :
[1] The applicant seeks judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) dated July 4, 1997, in which the applicant's motion to reopen her hearing was denied.
[2] In her Written Representations made prior to receiving the reasons for decision dated August 11, 1997, which were prepared by the Board member pursuant to the applicant's request for reasons, the applicant had first submitted that the Board member had erred in failing to consider the evidence which was submitted, given that he did not mention any submissions from counsel or the new evidence she intended to submit in a new hearing. The applicant now essentially argues that the Board member acted "without regard for the evidence" and exercised his discretion in breach of section 7 of the Canadian Charter of Rights and Freedoms (the Charter) and of the Convention Against Torture.
[3] In Longia v. Canada (M.E.I.), [1990] 3 F.C. 288 (F.C.A.), the Federal Court of Appeal restated, at pages 293-294, that a Board may permit the rehearing of a refugee claim where the initial hearing was not held in accordance with the rules of natural justice.
[4] In the case at bar, the Board member reviewed the new evidence and concluded that nothing in the three experts' reports indicated that she was unfit to testify at the initial hearing or that she showed signs of post-traumatic stress syndrome, as alleged in the motion. He also expressed the opinion that the applicant had not been poorly represented by her first counsel to the point where the principles of natural justice were breached. And finally, he held that the panel was not required to seek corroboration of evidence which it deemed to lack credibility. I find that each of these conclusions was reasonable, and consequently, it was open to the Board member to find that he could not allow the claim to be reopened, given that there had been no breach of the rules of natural justice. Like in Camacho-Souza v. Canada (M.E.I.) (1994), 74 F.T.R. 208, where Justice Wetston reviewed a Board's refusal of an application for rehearing based on a claim of post-traumatic stress syndrome, the Board member properly considered the new evidence, addressed the question of natural justice and the right to be heard, and assessed whether the new evidence might render the original decision a nullity. Having satisfied myself that the Board member was not influenced by irrelevant considerations and that he did not exercise his statutory discretion arbitrarily or illegally, this Court would not be justified in substituting its discretion for that of the Board member.
[5] Under such circumstances, it is clear that the impugned decision cannot violate either section 7 of the Charter or the Convention Against Torture and, consequently, I agree with counsel for the respondent that this matter does not give rise to a question of general importance for the purpose of certification.
[6] The application for judicial review is dismissed.
JUDGE
OTTAWA, ONTARIO
June 19, 1998
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-3119-97
STYLE OF CAUSE: MABEL ORE v. MCI
PLACE OF HEARING: MONTRÉAL
DATE OF HEARING: JUNE 3, 1998 REASONS FOR ORDER OF MR. JUSTICE PINARD DATED: JUNE 19, 1998
APPEARANCES
MR. MITCHELL GOLDBERG
FOR THE APPLICANT
MRS. CHRISTINE BERNARD FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
MITCHELL GOLDBERG
FOR THE APPLICANT
CHRISTINE BERNARD
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada