Date: 19990217
Docket: IMM-1378-98
BETWEEN:
JEAN MARTIN LENGA NUMBI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
McGILLIS J.
[1] The applicant has challenged by way of judicial review a decision of the Immigration and Refugee Board ("Board") that he was not a Convention refugee. The applicant is a citizen of the Republic of Congo.
[2] In its decision, the Board found it to be implausible that the applicant, who was a government employee performing important functions, was permitted to continue in his position without any difficulties for approximately three years after being identified as a member of the UPDS opposition party. The Board also found that the applicant was an ordinary member of the UPDS who had participated in two demonstrations. As such, it concluded that he had a weak political profile, and no well founded fear of persecution.
[3] Counsel for the applicant submitted, among other things, that the Board erred by failing to consider in its analysis specific and personal documentary evidence that corroborated key elements of the applicant's claim. In particular, counsel for the applicant referred to an original newspaper article indicating that the applicant had been "brutalized" for his opposition activities. He also referred to a letter from the UPDS confirming that the applicant had been "brutalized" in a demonstration, that he was sought by the police for his political involvement and that his life was in danger. The Board made no reference in its analysis to those or any other documents tendered by the applicant in support of his claim.
[4] I agree with the submission of counsel for the applicant. In my opinion, the failure of the Board to address in its analysis the specific and relevant documentary evidence which appeared to corroborate important aspects of the applicant's claim constitutes a reviewable error. [See Bains v. Canada (Minister of Employment and Immigration) (1993), 20 Imm. L.R. (2d) 296, 300 (F.C.T.D.)].
[5] The application for judicial review is allowed. The decision of the Board is quashed and the matter is remitted to a differently constituted Board for rehearing and redetermination. The case raises no serious question of general importance.
"D. McGillis"
Judge
Toronto, Ontario
February 17, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1378-98
| STYLE OF CAUSE: JEAN MARTIN LENGA NUMBI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, FEBRUARY 16, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McGILLIS J.
DATED: WEDNESDAY, FEBRUARY 17, 1999
APPEARANCES: Mr. Peter J. Reiner
For the Applicant
Ms. David Tyndale
For the Respondent
SOLICITORS OF RECORD: Peter J. Reiner
| Barrister & Solicitor |
| 2200 Yonge Street, Suite 601 |
| Toronto, Ontario |
| M4S 2C6 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990217
Docket: IMM-1378-98
Between:
| JEAN MARTIN LENGA NUMBI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT