CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Sadeghi v. Canada (Minister of Citizenship and Immigration)
IMM-1670-02
2002 FCT 1083, Rouleau J.
17/10/02
12 pp.
Judicial review of Immigration and Refugee Board, Convention Refugee Determination Division decision-- Applicant citizen of Iran, converting to Christianity in 1995-- Panel finding applicant's testimony implausible--Panel erring in law in finding "no credible basis" to applicant's claim, since not considering documentary evidence showing apostasy a serious crime in Iran that may be punishable by death--Panel mistaken in considering degree of commitment to Christianity rather than fact of conversion and consequent fear of persecution by authorities--Documentary evidence consistent with applicant's testimony--Panel must indicate what effect evidence has on claim--Panel obliged to consider independent credible evidence connecting claimant to harm feared before making finding of "no credible basis"-- Independent evidence should have been expressly assessed in reasons of panel-- Panel making decision without regard to material before it-- Application allowed.