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Date: 19980922

Docket: IMM-4757-97

B E T W E E N:

                                                                       

                                                      NICOLAS MANZILA

                                                                                                                                Applicant

                                                                                                                                               

                                                                   - and -

                                                                                                                                   

                            MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                       

                                                                                                                           Respondent

                                                  REASONS FOR ORDER

                               (Delivered from the bench at Montréal, Quebec,

                                           on Tuesday, September 22, 1998)

HUGESSEN J.

[1]         This is an application for judicial review of a decision of the Refugee Division. The Division was represented by only one member in this case.

[2]         The applicant is a Zairian national. He claims to have encountered several difficulties as a result of his political activities in Zaire and had to leave the country in 1996. He also claims that since his arrival in Canada, he has actively participated in the activities of a Zairian or Congolese political party, namely the PALU, and that these activities were public and had repercussions in Congo, and the present government in Congo is aware of them. There has obviously been an important change of regime in his country since the applicant left Zaire, now the Democratic Republic of Congo; the former dictator Mobutu has been replaced by a new dictator by the name of Kabila.        


[3]         The member who heard the applicant's refugee claim did not believe his account of the various incidents which, according to the applicant, occurred in Zaire. The member pointed out several contradictions and improbabilities in the applicant's testimony. I will not reconsider his decision on this issue because the member made an error which requires a new hearing; it is accordingly preferable that I not comment on his conclusions concerning the credibility of the applicant.

[4]         With respect, the member's error was that he completely failed to deal with the second part of the applicant's claim, namely his allegation that his activities here in Canada would have serious repercussions for him in his home country. The member mentions these activities at the very beginning of his decision but he does not dispose of the applicant's claim that his activities here make him a refugee irrespective of his activities in his country of origin.


[5]         I have no choice in these circumstances; the decision must be quashed and the matter referred back to the Board for a new hearing. Before I sign the order, I would, however, ask counsel if they have submissions to make concerning the certification of a question.

                                                                                                             James K. Hugessen              

                                                                                                                                     Judge

Certified true translation

M. Iveson


                                             FEDERAL COURT OF CANADA

                                                         TRIAL DIVISION

                        NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                                       IMM-4757-97

STYLE OF CAUSE:                             NICOLAS MANZILA v. MINISTER

PLACE OF HEARING:                        MONTRÉAL

DATE OF HEARING:              SEPTEMBER 22, 1998

REASONS FOR ORDER BY HUGESSEN J.

DATED                                                SEPTEMBER 22, 1998

APPEARANCES:

Adèle Mardoche                                                                       FOR THE APPLICANT

Lisa Maziade                                                                             FOR THE RESPONDENT

SOLICITORS OF RECORD:

Adèle Mardoche                                                                       FOR THE APPLICANT

Morris Rosenberg                                                                      FOR THE RESPONDENT

Deputy Attorney General of Canada

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