Date: 20000531
Docket: IMM-2475-99
BETWEEN:
BRENDA DENISE BASCOMBE
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
TEITELBAUM J.
[1] The application for judicial review is allowed and the matter is referred back to a different Post-Claim Determination Officer for a new hearing.
[2] The applicant is permitted to file new documents as further evidence.
[3] I have allowed the present application as I am satisfied that the Post-Claim Determination Officer had fettered her discretion by referring and relying on the CRDD"s assessment of the applicant"s credibility.
[4] It is for the PCDO to determine the credibility of the applicant and not for another tribunal to do so.
[5] Furthermore, and this is admitted by the Respondent, grant of the PCDO"s decision is based on a factual error. In her summary, the PCDO stated that Mr. Charles "warned her that if she called the police they would find out that he was illegal and he would be deported".
[6] This is indeed an error. The applicant stated that she did not call the police because they would find out that she was illegal and that she would be deported.
[7] I do not wish to speculate how this error may or may not have affected the final decision of the PCDO.
[8] Therefore the matter is returned for a new hearing before a different PCDO.
"Max M. Teitelbaum"
J.F.C.C.
Toronto, Ontario
May 31, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2475-99 |
| STYLE OF CAUSE: BRENDA DENISE BASCOMBE |
Applicant
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| DATE OF HEARING: TUESDAY, MAY 30, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER AND
| ORDER BY: TEITELBAUM J. |
| DATED: WEDNESDAY, MAY 31, 2000 |
APPEARANCES BY: Ms. Geraldine Sadoway
For the Applicant
Ms. U. Kaczmarczyk
For the Respondent
SOLICITORS OF RECORD: Geraldine Sadoway
Barrister and Solicitor
Parkdale Community Legal Services
165 Dufferin Street
Toronto, Ontario
M6K 1Y9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000531
Docket: IMM-2475-99
Between:
BRENDA DENISE BASCOMBE
Applicant
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER