Date: 19990506
Docket: IMM-4273-98
BETWEEN:
HUGO EUGENIO CARDENAS CORONEL
SARITA ELIZABETH CARDENAS
ANDRES EDUARDO CARDENAS LOAYZA
GABRIELA ELIZABETH CARDENAS LOAYZA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY J.
[1] During the refugee hearing, the applicants' Spanish-speaking consultant intervened to correct the interpreter's translation of one of her questions. While the issue was being debated before the panel, the interpreter stated: "It is known that [the consultant] usually gets into these disputes with interpreters, Spanish interpreters". The refugee claims officer concurred with that statement. In my view, the statements of the interpreter and the refugee claims officer do not appear to have been helpful or necessary.
[2] The panel reviewed with the consultant her concern with the interpretation of her question. After this discussion, the panel allowed the consultant to restate her question. This was done and the hearing continued.
[3] Immediately prior to the adjournment that followed this exchange, the consultant raised the issue of the interpreter's statement concerning her alleged "disputes with interpreters". During the course of the consultant's representations, the interpreter made two other short interventions. The panel received the consultant's further comments concerning the interpreter. The presiding member then brought the issue to an end by assuring the consultant that the panel "... won't minimize any miscommunication or misrepresentation" and that her right to ensure that the applicants understood the questions would be respected.
[4] The male applicant and the consultant filed affidavits stating that an argument ensued between the interpreter and the consultant during the twenty-minute adjournment. Neither deponent provided specific information concerning any statements the interpreter may have made. The consultant did not raise the matter when the hearing resumed.
[5] The applicants' submission that the panel created a reasonable apprehension of bias by permitting the "openly hostile" interpreter to continue is without merit. In the circumstances of this case, the issue is not the male applicant's perception of the interpreter's demeanour. The test is the panel's response to the concerns which were raised by the consultant and the quality of the interpretation. The panel dealt with the consultant's complaints properly during the hearing. Its written reasons concerning this incident are fully consistent with the transcript. The panel allowed the consultant to express her concerns. There is no evidence that the panel was unduly influenced by the exchange. The consultant did not raise with the panel the incident which occurred during the adjournment. The panel's comportment was, in my view, without reproach. In the end, the transcript discloses no serious discrepancies, if any at all, in the interpretation subsequent to the panel's resolution of the disagreement between the interpreter and the consultant which occurred during the hearing.
[6] Counsel for the applicants also raised what he identified as four errors in the panel's finding of facts. In my opinion, none of the issues raised is materially related to the quality of the interpretation. Moreover, I am satisfied that none of the factual findings challenged by the applicants' counsel disclose any reviewable error of fact.
[7] For these reasons, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
Judge
TORONTO, ONTARIO
May 6, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4273-98
| STYLE OF CAUSE: HUGO EUGENIO CARDENAS CORONEL |
SARITA ELIZABETH CARDENAS
ANDRES EDUARDO CARDENAS LOAYZA
GABRIELA ELIZABETH CARDENAS LOAYZA
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: THURSDAY, MAY 6, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY J.
DATED: THURSDAY, MAY 6, 1999
APPEARANCES: Mr. Pheroze Jeejeebhoy
For the Applicants
Ms. Andrea Horton
For the Respondent
SOLICITORS OF RECORD: Kerr Gould & Jeejeebhoy
Barristers & Solicitors
495 Queen Street East
Toronto, Ontario
M5A 1V1
For the Applicants
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990506
Docket: IMM-4273-98
Between:
HUGO EUGENIO CARDENAS CORONEL
SARITA ELIZABETH CARDENAS
ANDRES EDUARDO CARDENAS LOAYZA
GABRIELA ELIZABETH CARDENAS LOAYZA
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER