CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Partowmoghadam v. Canada (Minister of Citizenship and Immigration)
IMM-1153-99
Lemieux J.
11/5/00
13 pp.
Application for judicial review of refusal by Refugee Division (RD) to recognize refugee status of plaintiff, citizen of Iran--Alleged valid fear of persecution for political opinions and membership in particular social group and for reasons related to religion--RD found plaintiff lacking in credibility and not trustworthy--Application allowed--RD drew negative conclusions from fact plaintiff did not seem able to give specific dates for certain events--However, plaintiff used Persian calendar to recall certain events but interpreter translated without conversion table, relying on approximation to Gregorian calendar--Therefore not reasonable for RD to conclude contradictions and improbabilities--RD could not reject plaintiff's evidence as a whole merely on basis did not know names of certain spiritual leaders when plaintiff explained did not really practice, and took little interest in, events affecting his religion (see Owusu-Ansah v. Canada (Minister of Employment and Immigration) (1989), 8 Imm. L.R. (2d) 106 (F.C.A.))--RD should have clearly and precisely dismissed plaintiff's testimony on this point: conclusion ambiguous and did not meet requirements laid down in Mahathmasseelan v. Canada (Minister of Employment and Immigration) (1991), 137 N.R. 1 (F.C.A.)--RD's finding on plaintiff's financial support for dissident Kurdish organization unreasonable on ground inferences drawn by RD not based on evidence and speculative in nature.