Date: 20041122
Docket: IMM-9786-03
Citation: 2004 FC 1620
Toronto, Ontario, November 22nd, 2004
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
AVETIK ISKANDARYAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Mr. Iskandaryan claims to have been persecuted in Russia because of his Armenian origins. He had left Armenia in 1991 after receiving a conscription notice. He spent the next ten years in Russia before fleeing to Canada by way of the United States.
[2] Mr. Iskandaryan's claim involves allegations against both Russia and Armenia. The panel of the Immigration and Refugee Board that heard his testimony clearly recognized this. Yet, most of the evidence at the hearing involved the Russian aspect of the claim. At the end of the hearing, the Board stated that if Russia was not the appropriate country of reference for Mr. Iskandaryan's claim, it would reconvene the hearing to consider evidence relating to Armenia. In other words, the Board realized that it did not have before it sufficient evidence to decide the claim against Armenia. Further, information relating to conditions in Armenia had not been disclosed to Mr. Iskandaryan.
[3] Yet, the Board addressed and rejected both aspects of Mr. Iskandaryan's claim when it issued its decision. The Board appears to have overlooked its undertaking to reconvene if the claim against Armenia was relevant.
[4] I would not go so far as to say that the breach of an undertaking is sufficient to overturn a Board's decision. However, in these circumstances, it appears to me that Mr. Iskandaryan did not have a full opportunity to present his case and that the Board itself recognized this. In fairness, Mr. Iskandaryan should be granted a proper hearing in relation to the Armenian side of his claim.
[5] Accordingly, I must allow this application for judicial review and order the Board to reconvene for purposes of completing its hearing. Before it does so, Mr. Iskandaryan shall be given disclosure of materials relating to conditions in Armenia. Neither party proposed a question of general importance for me to certify, and none is stated.
JUDGMENT
THIS COURT'S JUDGMENT IS that:
1. The application for judicial review is allowed;
2. The Board shall reconvene for the purposes of completing its hearing;
3. The applicant shall be given disclosure of materials relating to conditions in Armenia;
4. No question of general importance is stated.
"James W. O'Reilly"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-9786-03
STYLE OF CAUSE: AVETIK ISKANDARYAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 4, 2004
REASONS FOR JUDGMENT
AND JUDGMENT BY: O'REILLY J.
APPEARANCES BY:
Mr. Robin Morch FOR THE APPLICANT
Mr. Stephen H. Gold FOR THE RESPONDENT
SOLICITORS OF RECORD:
ROBIN MORCH
Toronto, Ontario FOR THE APPLICANT
MORRIS ROSENBERG
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
Date: 20041122
Docket: IMM-9786-03
BETWEEN:
AVETIK ISKANDARYAN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT