CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Hasan v. Canada (Minister of Citizenship and Immigration)
IMM-5420-03
2004 FC 1537, Phelan J.
1/11/04
7 pp.
Judicial review of decision by Immigration and Refugee Board rejecting application for refugee status, protection--In rejecting application, Board refused to admit as evidence more than 550 pages of documents--Applicant basing claim, in part, on fact he is young, male Palestinian living in Gaza Strip --Applicant's counsel, as part of hearing process, attempting to introduce 556-page disclosure package 9 days before hearing, instead of 20 days as required by Refugee Protection Division Rules--Disclosure package containing reports from sources such as Amnesty International on abuses directed against Palestinians by Israelis--Board allowing in as evidence four pages, five photos, map--Applicant challenging Board's conclusion as to admissibility of disclosure package, finding of absence of persecution--In rejecting admissibility of clearly relevant evidence, Board paid particular attention to r. 29, which sets out 20-day, 5-day deadlines--Board failing to pay particular attention to r. 30 which gives it discretion to admit documents filed outside prescribed time--Exercise of Board's discretion to deny admissibility of evidence resulting in denial of natural justice, breach of principles of fairness-- Refusal significantly, adversely affecting applicant's ability to make out claim for persecution--Board referring to evidence as out-of-date, repetitious, already disclosed--Finding in error as matter of law, patently unreasonable as matter of fact, law --Essence of applicant's claim targeting of Palestinians, particularly young males--Board failing to consider fundamental basis of applicant's claim: whether persecuted due to identity as young, male Palestinian living in occupied Palestinian Territories--Ample evidence suggesting status of young, male Palestinians as target of Israeli authorities live issue--Board erred by placing, imputing burden on applicant of showing any persecution purely personal--Application allowed--Refuges Protection Division Rules, SOR/2002-228, rr. 29, 30.