CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Moya v. Canada (Minister of Citizenship and Immigration)
IMM-5436-01
2002 FCT 1147, Beaudry J.
6/11/02
12 pp.
Judicial review of decision by Immigration and Refugee Board, Convention Refugee Determination Division (Tribunal) finding applicant not Convention refugee--Applicant, labour lawyer, citizen of Mexico, claiming well-founded fear of persecution in Mexico due to political opinion--Tribunal finding no sufficient credible, trustworthy evidence claimant persecuted--Tribunal concluded even if allegations of threats, kidnapping, attempted shooting true, applicant did not submit clear, convincing evidence protection would not be available in Mexico--Tribunal represented to applicant credibility no longer issue, therefore committed reviewable error--Breach of natural justice warranting judicial review--Serious breach of natural justice for Tribunal to tell counsel neither credibility nor Internal Flight Alternative issue, then make finding contrary to applicant without giving him opportunity to rebut concerns of Tribunal regarding issues-- Patently unreasonable for Tribunal to find applicant's assertion could not obtain effective state protection in Mexico not credible--Application allowed.