Date: 19980716
Docket: IMM-123-98
BETWEEN
FARZAD SHAHA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McDONALD, J.A.
[1] The application for judicial review is allowed. The Board erred in finding that based on documents stating that the activities of pro-monarchists in Iran are minimal, information on their activities is lacking and hard to find, and that this group poses a very marginal and ineffective threat to the present Iranian government, the claimant does not have a fear of persecution in Iran. It may very well be true that the pro-monarchist movement's activities are limited but this is not the issue. The real issue is whether, based on his pro-monarchist activity, does the claimant fear persecution for his political beliefs/activities if he is returned to Iran. By failing to address this question the Board erred.
[2] If the reasoning of the Board is based on the fact that the applicant lacks credibility and therefore this evidence with respect to his activities cannot be believed then it should have so stated. As I read the decision no explicit findings on the applicant's credibility were made. If the Board rejected the applicant's claim on the ground that he lacked credibility the Board owed a duty to the applicant to state this in clear and unambiguous terms.1 The only finding of the Board that could possibly be said to relate to the applicant's credibility is its finding that the claimant had a very cursory knowledge of the pro-monarchist organization. As the claimant states in the transcript of the hearing, he was not an official member of the organization and only helped it out by making his place available for movie showings, etc.
[3] The application for judicial review is allowed, the decision of the Convention Refugee Determination Division dated December 18, 1997 set aside, and the matter is referred back to a differently constituted panel for re-determination in accordance with these reasons.
"F.J. McDonald"
J.A.
Toronto, Ontario
July 16, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-123-98
| STYLE OF CAUSE: FARZAD SHAHA |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 15, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McDONALD, J.A.
DATED: JULY 16, 1998
APPEARANCES:
Mr. Michael Brodzky
For the Applicant
Mr. Brian Frimeth
For the Respondent
SOLICITORS OF RECORD:
Michael Brodzky
Barrister & Solicitor
69 Elm Street
Toronto, Ontario
M5G 1H2
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980716
Docket: IMM-123-98
Between:
| FARZAD SHAHA |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
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