Date: 20010523
Docket: A-534-99
Neutral citation: 2001 FCA 163
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ALI FAGHIHI
Appellant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, Wednesday, May 23, 2001
Judgment delivered at Toronto, Ontario,
on Wednesday, May 23, 2001
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20010523
Docket: A-534-99
Neutral citation: 2001 FCA 163
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ALI FAGHIHI
Appellant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Wednesday, May 23, 2001)
This is an appeal from the order of a Motions Judge dated August 17, 1999 dismissing the appellant's application for judicial review, pursuant to subsection 82.1(6) of the Immigration Act, R.S.C. 1985, c. I-2 (the "Act"), of the decision by a Member of the Convention Refugee Determination Division of the Immigration and Refugee Board ("CRDD") denying the appellant's application to reopen his Convention refugee claim.
The Motions Judge certified the following question for appeal pursuant to subsection 83(1) of the Act:
Is the Refugee Division properly constituted by a single member when determining a motion to reopen on the ground of procedural unfairness a decision of a panel dismissing the applicant's claim to be recognized as a refugee in Canada?
We are all of the view that the certified question should be answered in the affirmative. We agree with the Motions Judge that a single CRDD member may sit on a motion to reopen a refugee claim, and we endorse his reasons for that conclusion.
The appellant also argues that he was denied a fair hearing by the CRDD panel that first heard his claim, and for that reason the CRDD member erred in denying his motion to reopen. The Motions Judge rejected this argument. We are all of the view that he was correct to do so. The appellant's fundamental complaint is that the CRDD panel in the initial hearing reached an erroneous factual conclusion because of a mistranslation on the appellant's personal information form that was not noticed by the appellant until two years after the hearing. We agree with the Motions Judge that the right to a fair hearing is not infringed when the CRDD relies on a personal information form that was translated prior to the hearing, and has no reason to suspect that a translation error has occurred.
The appeal will be dismissed.
"B. Malone"
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-534-99
STYLE OF CAUSE: ALI FAGHIHI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: WEDNESDAY, MAY 23, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: MALONE J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, MAY 23, 2001.
APPEARANCES BY: Mr. Isak Grushka
For the Appellant
Ms. Marianne Zoric
For the Respondent
SOLICITORS OF RECORD: Isak Grushka
Barrister and Solicitor
12657A St. Clair Avenue West
Suite 7
Toronto, Ontario
M6E 1B8
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010523
Docket: A-534-99
BETWEEN:
ALI FAGHIHI
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR JUDGMENT
OF THE COURT