CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Gill v. Canada (Minister of Citizenship and Immigration)
IMM-4020-02
2003 FC 1003, Pinard J.
28/8/03
4 pp.
Judicial review of decision of Refugee Division of Immigration and Refugee Board ("Board") decision applicant, citizen of India, not Convention refugee--Board found applicant not credible--Necessary to review documentary evidence on country conditions in order to determine whether Board's analysis patently unreasonable--Relevant evidence not included in Certified Copy of Tribunal's Record (CCTR) --Board merely included list of articles not copies, but not copies of articles themselves--Respondent submits applicant did not demonstrate to Board Indian authorities unable to protect applicant--Objective documentary evidence indicated applicant would not be at risk in India in 2002--Again, relevant evidence missing from CCTR, making it impossible for Court to evaluate accuracy of Board's interpretation of evidence--As applicant's story concerns police brutality in two separate areas of country, Court cannot assess validity of Board's decision regarding ability to receive protection from state authorities without being able to review documentary evidence--Given lack of independent documentary evidence on record, judicial review granted