Date: 19990528
Docket: IMM-3575-98
OTTAWA, Ontario, the 28th day of May 1999
PRESENT: The Honourable Mr. Justice Rouleau
Between:
NORMAN APU GOMES
TERESA LIMA GOMES
ELENA PREMA GOMES
Applicants
And:
THE MINISTER
Respondent
ORDER
[1] The application for judicial review is dismissed.
P. ROULEAU
JUDGE
Certified true translation
M. Iveson
Date: 19990528
Docket: IMM-3575-98
Between:
NORMAN APU GOMES
TERESA LIMA GOMES
ELENA PREMA GOMES
Applicants
And:
THE MINISTER
Respondent
REASONS FOR ORDER
ROULEAU J.
[1] This is an application for judicial review brought against a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the Board) dated May 26,1998, that the applicants are not Convention refugees.
[2] The applicants are citizens of Bangladesh. They fear persecution by fundamentalist Muslims on the ground of their religion as Christians. The Board determined that the claim was
not objectively well founded. The documentary evidence established that members of religious minorities in Bangladesh are socially and economically disadvantaged and are occasionally the victims of violence, however, they can generally live, work and practice their religion with a minimum of difficulty. It its reasons, the Board listed the evidence on which it based its decision. It includes:
| [TRANSLATION] |
The panel also informed the claimant that in a recent similar case, it heard an expert witness who stated that Christian families in Bangladesh can live without problems as a large number of people in high places went to Christian schools.
[3] The applicants raised only one argument at the hearing before this Court. They claim that the Board never notified them of either the existence of this testimony or its intention to take notice thereof. This omission contravenes subsection 68(5) of the Immigration Act, R.S.C., 1985, c. I-2 and, in their opinion, constitutes an error serious enough to warrant the referral of the matter back to the Board.
[4] Subsections 68(4) and 68(5) of the Act read as follows:
| 68(4) Notice of facts - The Refugee Division may, in any proceedings before it, take notice of any facts that may be judicially noticed and, subject to subsection (5), of any other generally recognized facts and any information or opinion that is within its specialized knowledge. 68(5) Notification of intention - Before the Refugee Division takes notice of any facts, information or opinion, other than facts that may be judicially noticed, in any proceedings, the Division shall notify the Minister, if present at the proceedings, and the person who is the subject of the proceedings of its intention and afford them a reasonable opportunity to make representations with respect thereto. |
| 68(4) Admission d'office - La section du statut peut admettre d'office les faits ainsi admissibles en justice de même que, sous réserve du paragraphe (5), les faits généralement reconnus et les renseignements ou opinions qui sont du ressort de sa spécialisation. 68(5) Avis d'intention - Sauf pour les faits qui peuvent être admis d'office en justice, la section du statut informe le ministre, s'il est présent à l'audience, et la personne visée par la procédure de son intention d'admettre d'office des faits, renseignements ou opinions et leur donne la possibilité de présenter leurs observations à cet égard. |
[5] The transcript indicates that the Board never notified the applicants of its intention to take notice of the expert"s testimony in the instant case. However, this error is of no consequence. This evidence was not central to the Board"s decision, which remains well founded on the many other pieces of evidence adduced in support thereof.
[6] The application for judicial review is dismissed.
P. ROULEAU
JUDGE
OTTAWA, Ontario
May 28, 1999
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-3575-98
STYLE OF CAUSE: NORMAN APU GOMES
TERESA LIMA GOMES
ELENA PREMA GOMES
AND
THE MINISTER
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: MAY 11, 1999
REASONS FOR ORDER OF ROULEAU J.
DATED MAY 28, 1999
APPEARANCES:
William Sloan FOR THE APPLICANTS
Thi My Dung Tran FOR THE RESPONDENT
SOLICITORS OF RECORD:
William Sloan FOR THE APPLICANTS
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada