Gabor v. Canada ( Minister of Citizenship and Immigration )
IMM-1187-97
Muldoon J.
6/10/98
15 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) finding applicant not Convention refugee-Applicant, citizen of Romania, claiming to have well-founded fear of persecution on basis of religion-Member of Greek Catholic church-During Ceaucescu regime, property belonging to church confiscated-Conflict between Catholic, Orthodox communities-Police intervened in support of Orthodox church, arrested few Catholics but no Orthodox church members-Applicant, father among those arrested-Applicant decided to leave Romania in order to practice religion freely-Left Romania in June 1994, arrived in Canada in April 1996-Said to have received from Mayor's office of Tirsolt call-up notice to carry out compulsory military service in Romania-Based on evidence before it, Panel concluding call-up notice submitted not genuine-CRDD wrong on finding of lack of credibility because of "not genuine" call-up notice-Ought to have sought explanation from applicant with notice to Refugee hearing officer-CRDD bound to accord fair proceedings to parties under Immigration Act, s. 68(2)-Panel's failure to give applicant opportunity to explain matter on which panel ready to make finding against him failure of fairness-Misunderstanding on applicant's part as to significance of date upon which CRDD simplistically drew conclusions about exhibit, without hearing what applicant could have revealed-CRDD, without asking applicant's explanation, jumped to conclusion he must have been speaking falsely, call-up notice not genuine-Case depending on appreciation of facts, credibility-CRDD's decision applicant not Convention refugee quashed on ground of procedural unfairness-Court certifying serious question of general application-Immigration Act, R.S.C., 1985, c. I-2, s. 68(2) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18).