Hassan v. Canada ( Minister of Citizenship and Immigration )
IMM-5440-98
Evans J.
7/9/99
10 pp.
Application for judicial review of Refugee Division decision vacating earlier decision granting Convention refugee status, on ground had been obtained by misrepresentation and concealment of material fact-In personal information form, applicant had stated citizen of Somalia, having no other citizenship and feared persecution there, whereas Minister alleged applicant citizen of Kenya, holding valid Kenyan passport-Applicant maintained citizen of Somalia with Kenyan passport obtained on basis of false birth certificate, fearing deportation to Somalia if Kenyan authorities found out not Kenyan citizen-Issue whether Refugee Division's reasons for decision adequate-Application allowed-Refugee Division found applicant's testimony not credible-Although credibility fundamental to panel's decision and credibility best left to administrative tribunal, such tribunal must earn reviewing court's deference by explaining clearly basis of findings and how it dealt with evidence relevant thereto-In making its findings, panel did not come to grips in reasons with content of medical report submitted to it: medical report stated applicant diagnosed as HIV-positive and as schizophrenic, with history of alcohol abuse and that applicant was receiving treatment for physical and psychiatric problems-Cognitive test performances described as poor-Report cogent and relevant to finding of credibility-Deficiencies in applicant's testimony (inconsistencies, hesitations, confusion, incoherence) that lead panel to find it not credible also consistent with applicant's psychiatric and other problems-Although panel's finding of non-credibility not unreasonable, reasons for decision ought to have indicated clearly that, in assessing applicant's credibility, panel explicitly addressed content of medical report-Although panel stated it had considered various items of evidence before it, including medical report, given cogency of that report, its relevance to finding of noncredibility and central importance of credibility to outcome, Refugee Division ought to have gone further than this-Panel obliged to explain how it dealt with it in context of making non-credibility finding: Ngombo v. Canada (Minister of Citizenship and Immigration) (1997), 40 Imm. L.R. (2d) 321 (F.C.T.D.)-Minister submitted two questions for certification: whether document obtained by misrepresentation of material fact false document within meaning of question on PIF requiring claimants to indicate if travel documents false; whether person with passport obtained on basis of forged birth certificate national of that country, when country in question recognizes individual as national -First question as to meaning of question on administrative form not question of law and not "serious question of general importance"-Second question largely factual as depending on law of country having issued passport-Although under law of some countries, issue of passport conferring nationality on person to whom issued, in absence of evidence as to law of Kenya, presumed to be same as Canada-Accordingly, Refugee Division's decision could well have been different if it had believed applicant's evidence-Not serious question of general importance.