Date: 20040916
Docket: IMM-6766-03
Citation: 2004 FC 1262
Toronto, Ontario, September 16th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
SILVANA BEJLERI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant, a citizen of Albania, claims refugee protection on account of her political opinion. In a cryptic six pages decision, the IRB makes critical findings of fact resulting in a conclusion of negative credibility. However, when the findings of fact are examined against the tribunal transcript of evidence, without a doubt, the findings are erroneous.
[2] As a result, I find that the decision was made in reviewable error.
ORDER
Accordingly, I set aside the IRB's decision and refer this matter back to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6766-03
STYLE OF CAUSE: SILVANA BEJLERI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 16, 2004
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: SEPTEMBER 16, 2004
APPEARANCES BY:
Mr. Jeffrey L. Goldman FOR THE APPLICANT
Mr. Lorne McClenaghan FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jeffrey L. Goldman
Toronto, Ontario FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
Date: 20040916
Docket: IMM-6766-03
BETWEEN:
SILVANA BEJLERI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER