Date: 19980127
Docket: IMM-1664-97
BETWEEN:
LUIS ALBERTO MORANTE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
UPON HEARING this application for judicial review under s. 18.1 of the Federal Court Act respecting a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board of Canada made at Calgary, Alberta on the 21st day of March, 1997 and received by the Applicant on the 25th day of 1997, wherein the Convention Refugee Determination Division determined that the Applicant was not a Convention Refugee (Board No. C96-000119), and leave to commence this application for judicial review having been granted by the Honourable Madame Justice McGillis on October 29, 1997; and the Applicant seeking an Order setting aside the decision of the Convention Refugee Determination Division and the ordering of a new hearing,
I find that:
| The particularly critical finding made by the Convention Refugee Determination Division that "subversive groups relentlessly pursue those who refuse to join their group or who they perceive to be opponents and employ violent methods", which is the standard against which the Applicant was judged in this case, is erroneous and is not based on the material before the Convention Refugee Determination Division. |
Accordingly I order that:
| The decision of the Convention Refugee Determination Division be set aside, |
And further Order that:
| This matter be referred to a newly constituted panel of the Convention Refugee Determination Division for rehearing. |
"Douglas R. Campbell"
Judge
CALGARY, Alberta
January 27, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980127
Docket: IMM-1664-97
BETWEEN:
LUIS ALBERTO MORANTE
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
COURT FILE NO.: IMM-1664-97
STYLE OF CAUSE: LUIS ALBERTO MORANTE
- and - THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE CAMPBELL
DATED: October 27, 1998
APPEARANCES
Ms. Jean Munn for the Applicant
Mr. Brad Hardstaff for the Respondent
SOLICITORS OF RECORD:
MAJOR CARON
Calgary, Alberta for the Applicant
George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondent