CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
De Leon v. Canada (Minister of Citizenship and Immigration)
IMM-6251-98
Pelletier J.
9/6/00
16 pp.
Application for judicial review of IRB Refugee Division of decision dismissing plaintiff's claim--Applicant national of Guatemala--Refugee Division concluded contradictions between testimony and Personal Information Form--Found applicant contradicted himself several times--Applicant's testimony straightforward and clear--Explained sequence of events clearly--To conclude contradiction, Refugee Division had to ignore testimony--Neither Refugee Claims officer nor Refugee Division considered possibility applicant honest but mistaken--Not function of tribunal or officer to favour claimant's testimony--Burden of proof always on claimant--Contradictions and discrepancies important indications story untrue--In case at bar tribunal found contradictions where none existed and, to so conclude, did not have regard to material before it within meaning of Federal Court Act, s. 18.1(4)(d)--Application allowed--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).