Date: 20000516
Docket: IMM-3247-99
Between:
DAMIR OURAZMETOV
Applicant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
DENAULT J.
[1] This is an application for judicial review of a decision dated June 7, 1999, by the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Refugee Division"), which determined that the applicant, a Russian citizen of Jewish nationality, is not a Convention refugee.
[2] In the case at bar, the Refugee Division was not satisfied that the applicant was of Jewish origin. His birth certificate, however, established that he was born of parents of Jewish nationality. The Refugee Division gave no weight to the birth certificate because the applicant could not explain the discrepancy between the information on his certificate and his answer to question 9 on his Personal Information Form, where he stated that his father was of Tartar nationality. The Refugee Division also faulted him for failing to produce his internal passport without good reason.
[3] As I said at the hearing, I consider that under the circumstances, the Court's intervention is warranted. Inasmuch as the birth certificate clearly established that the applicant was born of parents of Jewish nationality, it was unreasonable not to give any weight to this document just because his father stated, on his own internal passport, that he was also of Tartar nationality. Absent doubt about the validity of this document--the Refugee division did not express any--the certificate was proof of the information contained therein and established, at a minimum, that he was of Jewish parentage.
[4] It was also unreasonable to find that for failing to have produced his internal passport, the claimant was incapable of satisfying the panel that he was of Jewish origin, given that there was ample corroborative evidence that he was of Jewish nationality, that he considered himself Jewish, and that his family and friends did too. One need only refer to his port-of-entry statement, a medical certificate from his home town, and letters from his family. The Refugee Division erred in disregarding this evidence.
[5] For these reasons, the application for judicial review will be allowed, the Refugee Division's decision will be quashed, and a new hearing will have to be held. In the case at bar, there is no serious question of general importance to certify.
Montréal, Quebec Pierre Denault
May 16, 2000 Judge
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000516
Docket: IMM-3247-99
Between:
DAMIR OURAZMETOV
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
COURT FILE NO.: IMM-3247-99
STYLE OF CAUSE: DAMIR OURAZMETOV
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 16, 2000
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE DENAULT
DATED: May 16, 2000
APPEARANCES:
Jacques Beauchemin for the applicant
Thi My Dung Tran for the respondent
SOLICITORS OF RECORD:
ALARIE, LEGAULT, BEAUCHEMIN
Montréal, Quebec for the applicant
MORRIS ROSENBERG
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
Date: 20000516
Docket: IMM-3247-99
MONTRÉAL, QUEBEC, THE 16th DAY OF MAY 2000
PRESENT: THE HONOURABLE MR. JUSTICE DENAULT
BETWEEN: DAMIR OURAZMETOV
Applicant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The application for judicial review is allowed, the decision dated June 7, 1999,
by the Convention Refugee Determination Division of the Immigration and
Refugee Board is set aside, and the matter is referred back to the Board for
rehearing and redetermination by a different panel.
Pierre Denault
Judge
Certified true translation
Peter Douglas