Date: 20040316
Docket: IMM-3065-03
Winnipeg, Manitoba, the 16th day of March, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
VASILE CISMA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant claims refugee protection based on his prospective fear that, as Roma, were he to return to Romania, he would be persecuted.
[2] The Refugee Board's primary finding was that "there is insufficient credible and trustworthy evidence to establish the claimant is of Roma ethnicity" (Decision, p.11).
[3] In the course of the oral hearing, four credibility findings made by the Board were canvassed in detail. In the course of the hearing, I ruled that each of the Board's findings respecting the Applicant's brother, his membership in the Roma party, his Roma Party membership card, and his letter of reference, are unreasonable. Counsel for the Respondent conceded that the Board's finding with respect to the Roma Party membership card was based on a misunderstanding of the evidence.
[4] As a result, given my rulings, counsel for the Respondent conceded that the Board's primary finding could not stand. Consequently, I found it unnecessary to consider the Applicant's ten other objections to the Board's credibility finding.
ORDER
I set aside the Board's decision, and refer this matter to a differently constituted panel for redetermination.
"Douglas Campbell"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3065-03
STYLE OF CAUSE: Vasile Cisma v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: March 16, 2004
REASONS FOR ORDER
AND ORDER: The Honourable Mr. Justice Campbell
DATED: March 16, 2004
APPEARANCES:
David Matas FOR APPLICANT
Nalini Reddy FOR RESPONDENT
Department of Justice
Winnipeg, Manitoba
SOLICITORS OF RECORD:
David Matas FOR APPLICANT
Barrister & Solicitor
Winnipeg, Manitoba
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada