Ergig v. Canada ( Minister of Citizenship and Immigration )
IMM-4073-94
Cullen J.
4/6/95
5 pp.
Application for judicial review of Refugee Division decision applicant not Convention refugee -- Applicant, citizen of Libya, claiming well-founded fear of persecution based on political opinion -- Board taking issue with applicant's claim passport false and making adverse credible finding -- Although accepting political opposition not tolerated in Libya, Board concluding applicant facing mere possibility of persecution upon return to Libya -- Board considering applicant not perceived as threat to regime as not severely punished or killed; Board rejecting applicant's explanation not subjected to more severe punishment due to young age -- As identity not issue before Board, validity of passport should not have been central to Board's holdings -- Board using minor passport issue to discredit substance of applicant's testimony including beating, torture, arrest and interrogation for political beliefs -- Board's show of excessive zeal in finding inconsistencies in applicant's testimony constituting error of law (Attakora v. Minister of Employment and Immigration (1989), 99 N.R. 168 (F.C.A.)) -- Application allowed.