Date: 20000718
Docket: IMM-3757-99
Toronto, Ontario, Tuesday the 18th day of July, 2000
PRESENT: The Honourable Madam Justice Reed
BETWEEN:
ASTER WAKERO KELBORO
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
For the reasons given this day the applicant"s judicial review is dismissed.
"B. Reed"
J.F.C.C.
Date: 20000718
Docket: IMM-3757-99
BETWEEN:
ASTER WAKERO KELBORO
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto,
Ontario on Tuesday, July 18, 2000)
REED J.
I am prepared to give my decision now.
I cannot conclude that the quality of the translation was so inadequate that it rendered the hearing the applicant received unfair.
It is normal in cases such as this, where the quality of the translation (or rather lack of quality) is alleged to be the basis for an order setting the decision aside, that a comprehensive comparison of what was actually said by the applicant, and what was said by the interpreter is prepared. Such a comparison allows the Court to assess the quality of the translation, and whether any prejudice arose for the applicant as a result of inadequate translation.
General allegations of poor translation by the applicant and by others related to her, is not convincing evidence, unless those allegations are supported by a precise and detailed analysis of the tapes of the hearing, compared to the transcript of the hearing.
In this case, it is clear that the applicant was unable to obtain independent evidence (from a translator) attesting that the quality of the translation had been inadequate. The only portion of the transcript placed before the Court, and it was appended to an affidavit of the applicant"s son-in-law, is one paragraph that appears to have been omitted from p. 260 of the record. The content of the paragraph, however, is reiterated in the record, in answer to questions that are asked in the portion of the record that follows. The subject matter of the paragraph is not central to the applicant"s claim; it is not mentioned by the Board in its decision.
With respect to the allegation that the absence of an interpreter during the first part of the hearing rendered the hearing unfair, there is no evidence that any confusion, or misconception arose as a result of the absence of the translator. The applicant had considerable facility in English, having studied in England for two years.
The burden is on the applicant to demonstrate either that she was not properly understood by the Board, or that she did not understand the questions being asked of her - that is, that there was confusion and error arising as a result of miscommunication. There is not a scintilla of evidence to that effect in this application.
For the reasons given, the judicial review application is dismissed.
"B. Reed"
J.F.C.C.
Toronto, Ontario
July 18, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3757-99 |
| STYLE OF CAUSE: ASTER WAKERO KELBORO |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: TUESDAY, JULY 18, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DELIVERED AT TORONTO, ONTARIO ON TUESDAY, JULY 17, 2000
| APPEARANCES BY: Mr. Tom Leousis |
| For the Applicant |
| Ms. Susan Nucci |
For the Respondent
| SOLICITORS OF RECORD: A. Tom Leousis |
Barrister & Solicitor
528 Upper Sherman Avenue
Hamilton, Ontario
L8V 3M1
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000718
Docket: IMM-3757-99
BETWEEN:
| ASTER WAKERO KELBORO |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |