Date: 20040329
Docket: IMM-4449-03
Citation: 2004 FC 479
Toronto, Ontario, March 29th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
JOZSEF ADAM and EVA ADAM
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the IRB makes two credibility findings termed "negative inferences". In my opinion, on the face of the decision there is no adequate explanation provided for these credibility findings as required by Maldonado v. M.E.I. [1980] 2 F.C. 302 (C.A.).
[2] As a result, I find the IRB's decision was made in a reviewable error.
ORDER
Accordingly, I set aside the IRB's decision and refer this matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4449-03
STYLE OF CAUSE: JOZSEF ADAM and EVA ADAM
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MARCH 23, 2004
REASONS FOR ORDER
AND ORDER BY : CAMPBELL J.
DATED: MARCH 29, 2004
APPEARANCES:
Ms. Elizabeth Jaszi
FOR THE APPLICANTS
Mr. Michael Butterfield
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Elizabeth Jaszi
Barristers & Solicitors
Toronto, Ontario FOR THE APPLICANTS
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
TRIAL DIVISION
Date: 20040329
Docket: IMM-4449-03
BETWEEN:
JOZSEF ADAM and EVA ADAM
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER