CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Ojakol v. Canada (Minister of Citizenship and Immigration)
IMM-3081-01
2002 FCT 628, Heneghan J.
31/5/02
11 pp.
Application for judicial review of decision of Immigration and Refugee Board applicant not Convention Refugee-- Applicant citizen of Uganda belonging to Iteso ethnic grouping--Family, community of birth active politically with Uganda People's Congress (UPC)--Applicant, family assaulted by men in military uniforms, two of whom armed--Applicant fled to Zambia where remained as undocumented refugee--Arrived in Canada on visitor's visa on April 13, 1999--Board commenting upon lack of evidence submitted by applicant to support claim of membership in UPC--Relying on findings concerning role of George Okurapa--Court accepting applicant's submissions about capricious findings of fact by Board which misapprehended evidence concerning George Okurapa--Finding influenced Board concerning applicant's political identity--Board made finding in perverse, capricious manner, without regard to evidence before it--Improperly, unfairly interfered with line of examination introduced by counsel for applicant in response to specific issue identified by Board--Transcript giving rise to serious doubt as to procedural fairness with which applicant's hearing conducted--Application allowed.