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Date: 19990902

Docket: IMM-4494-98

Between:

                                                                  EROL CAVUS

                                                                                                                                            Applicant

                                                                          AND

                                                                THE MINISTER

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

NADON J.

1           The applicant is challenging a decision of the Refugee Division, dated August 19, 1998, which determined the applicant's claim to have been abandoned.

2           The relevant facts are very simple. The applicant is a Turkish resident of Kurdish origin. He is claiming refugee status on the ground that he fears persecution by reason of his ethnic group.

3           The applicant arrived in Canada on April 11, 1998, and claimed refugee status. He filed his Personal Information Form at the end of May 1998.

4           Soon after he arrived in Canada, he received a letter from the Refugee Division which reads as follows:

                                [TRANSLATION]

A senior officer of Citizenship and Immigration Canada referred your claim for refugee status to the Immigration and Refugee Board (IRB).

The officer you met with gave (or sent) you a notice to appear before the Convention Refugee Determination Division. It is imperative that you attend at the date and time indicated on this notice. At that time, an interview will be held with a registry officer of the Immigration and Refugee Board to ensure that your file is complete and ready to be scheduled for hearing.

Note that if you fail to comply with this notice to appear, the Immigration and Refugee Board may, after giving you a chance to be heard, determine your claim to have been abandoned.

Sincerely . . . .

[5]         According to the second paragraph of this letter, the applicant should have received a notice to appear before the Convention Refugee Determination Division from a senior officer of Citizenship and Immigration Canada. The applicant did in fact receive a notice entitled "Notice to Appear" dated April 11, 1998. According to this notice, the applicant was to appear at 9:00 a.m. on June 9, 1998 at the office of the Refugee Division located at 200 René-Lévesque Blvd. W. in Montréal. The applicant did not appear on June 9, 1998.

[6]         Accordingly, the applicant received a notice to appear at a hearing on the abandonment of a refugee claim, dated July 23, 1998. This notice to appear, issued under paragraph 69.1(6)(c) of the Immigration Act and rule 32 of the Convention Refugee Determination Division Rules, directed the applicant to appear on August 19, 1998 at 8:30 to explain his failure to appear on June 9, 1998. On August 19, 1998, the applicant appeared with his counsel and following the hearing, the Refugee Division determined the applicant's claim to have been abandoned. The Refugee Division found that the explanations provided by the applicant to justify his absence on June 9, 1998 were not satisfactory.


[7]         At paragraph 3 of the affidavit filed in support of the application for judicial review, the applicant states the following:

[TRANSLATION]

During an interview in her office, my lawyer explained what would happen to my file. However, I did not understand that I had to appear when the case was called. Therefore, I did not appear on June 9, 1998.

[8]         Clearly, there is absolutely no basis for this statement. Because of the clarity of the letter sent to the applicant and the notice to appear dated appear dated April 11, 1998, it is difficult to comprehend the applicant's statement that he did not believe he had to appear on June 9, 1998. Accordingly, under the circumstances, the Refugee Division's finding that the explanations given by the applicant to justify his absence were inadequate is not at all unreasonable.

[9]         The application for judicial review will accordingly be dismissed.

                                                                                                                                        Marc Nadon

                                                                                                  _____________________________

                                                                                                                                                   Judge

OTTAWA, Ontario

September 2, 1999.

Certified true translation

M. Iveson


                                                   FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                           IMM-4494-98

STYLE OF CAUSE:                 EROL CAVUS v. MCI

PLACE OF HEARING:            MONTRÉAL, QUEBEC

DATE OF HEARING:              August 31, 1999

REASONS FOR ORDER OF NADON J.

DATED                                    September 2, 1999

APPEARANCES:

Michelle Langellier                                                         FOR THE APPLICANT

Montréal, Quebec

Thi My Dung Tran                                                         FOR THE RESPONDENT

Montréal, Quebec

SOLICITORS OF RECORD:

Michelle Langellier                                                         FOR THE APPLICANT

Montréal, Quebec

Morris Rosenberg                                                          FOR THE RESPONDENT

Deputy Attorney General of Canada

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