Date: 19971212
Docket: IMM-2086-96
BETWEEN:
ELHAM-SADAT ASADI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Friday the 12th day of December, 1997, as edited.)
ROTHSTEIN, J.
[1] Applicant's counsel points out that at the hearing, counsel for the applicant was told by the presiding member of the panel to focus on two issues only. The panel then went on to decide the case having regard to other matters. In the circumstances of this case, when the panel expressly instructed counsel to focus on two specific issues, the clear inference was that if the applicant could satisfy the panel on those issues, that is all that would be required. There is unfairness if the panel then goes on to decide the case based on a consideration of the cumulative effect of those and other issues.
[2] The judicial review is allowed and the matter is remitted to a different panel of the Immigration and Refugee Board for redetermination.
"Marshall Rothstein"
Judge
Toronto, Ontario
December 12, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2086-96
| STYLE OF CAUSE: ELHAM-SADAT ASADI |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: DECEMBER 12, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROTHSTEIN, J.
DATED: DECEMBER 12, 1997
APPEARANCES:
Mr. Arthur Weinreb
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD:
Roger Rodrigues
372 Richmond Street West
Suite 301
Toronto, Ontario
M5V 1X6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19971212
Docket: IMM-2086-96
BETWEEN:
ELHAM-SADAT ASADI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER