Date: 19980707
Docket: IMM-3438-97
BETWEEN:
LIM MAN CHONG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.:
[1] The issue in this judicial review is whether the panel of the CRDD addressed the basic issue of whether the applicant was a practicing Roman Catholic in China and as a result would have a well-founded fear of persecution. The panel's reasons were directed to that portion of the applicant's evidence that it thought he was making up "to embellish his claim". The panel disbelieved the embellishments. However it did not expressly deal with whether the applicant was a practicing Roman Catholic in China and suffered persecution as a result.
[2] The panel acknowledged that the authorities do "go after people in positions in the Roman Catholic Church such as priests and nuns in their crackdown on religion". In its reference to the documentary material there are excerpts to this effect, but also to "peasants" who were sentenced to time in a labour camp in 1992.
[3] The respondent relies on Chang v. Canada (Minister of Citizenship and Immigration) (24 July 1997), Toronto IMM-2031-96 (F.C.T.D.). However in that case the panel found that the applicant had not had any difficulty in practicing his religion. In the present case, the panel does not expressly state whether it believed that the applicant was a practicing Roman Catholic or whether it believed that the applicant had difficulty as a result. This was the primary issue before the panel. The panel seems to have rejected the applicant's claim solely on the grounds that it did not believe the embellishments that it thought he had made up. It was open to the panel to do so but in this case it is not clear whether the panel thought that the applicant's entire story was untrue or whether it simply did not address the primary issue.
[4] While I am reluctant to interfere with a decision based on a credibility determination, I am not satisfied that in this case the panel addressed and dealt with the primary issue before it. See Wang v. Canada (Minister of Citizenship and Immigration) (22 December 1997), Toronto IMM-250-97 (F.C.T.D.). In an abundance of caution, I think that this judicial review must be allowed and the matter remitted to a different panel for redetermination. The new panel should include in its determination whether it believes the applicant was a practicing Roman Catholic in China and if so, whether this presented any difficulty for him amounting to persecution and whether he has a well-founded fear of persecution in China as a result.
"Marshall Rothstein"
Judge
Toronto, Ontario
July 7, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3438-97
| STYLE OF CAUSE: LIM MAN CHONG |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 6, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: JULY 7, 1998
APPEARANCES:
Ms. Maureen Silcoff
For the Applicant
Ms. Susan Nucci
For the Respondent
SOLICITORS OF RECORD:
Lewis & Associates
175 Harbord Street
Toronto, Ontario
M5S 1H3
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980707
Docket: IMM-3438-97
Between:
| LIM MAN CHONG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER