Date: 20030506
Docket: IMM-1962-02
Neutral citation: 2003 FCT 565
Toronto, Ontario, Tuesday, the 6th day of May, 2003
Present: The Honourable Mr. Justice Campbell
BETWEEN:
ZAINABDEEN BOLAWOLE PEDRO
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant was not believed on the entirety of his evidence before the RPD. At the initial sitting of this judicial review, counsel for the Applicant requested that a transcript of the hearing, which had not been produced as part of the Tribunal Record as usual, be produced so that the factual findings underpinning the complete dismissal of the Applicant's evidence might be inspected. As a result, the hearing of the present judicial review application was adjourned for continuation pending a transcript being supplied by the RPD.
[2] The RPD's response to the Court's request is contained in a letter dated April 28, 2003 as follows:
Please note that we are unable to provide the transcript for February 19, 2002 sitting, as the tapes [sic] for that hearing is blank.
[3] I acknowledge that the Applicant does not have a statutory right to the transcript (see Sheng v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 2002). But, on the facts of the present case, I find that a fair and just disposition of this judicial review application cannot be made without it.
ORDER
Accordingly, the RPD's decision is set aside and the matter is referred back for redetermination before a differently constituted panel.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-1962-02
STYLE OF CAUSE: ZAINABDEEN BOLAWOLE PEDRO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, MAY 6, 2003
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
APPEARANCES BY: Mr. A. Emeka Nwoko
For the Applicant
Ms. Mary Matthews
For the Respondent
SOLICITORS OF RECORD: Mr. A. Emeka Nwoko
Barrister & Solicitor
4101 Steeles Avenue West
Suite 201
Toronto, Ontario M3N 1V7
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030506
Docket: IMM-1962-02
BETWEEN:
ZAINABDEEN BOLAWOLE PEDRO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER