Citizenship and Immigration
Judicial review of Immigration and Refugee Board (Board) decision refusing application to be deemed Convention refugee or person in need of protection under Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97—Board ignoring evidence provided by expert report—Board considering only issue of military draft evasion—Initial reviewable error in failing to identify, address persecutory risks infecting analysis of state protection and failure to mention expert’s report—Expert having knowledge of situation in Montenegro, risks faced by applicant—Presumption Board considered all evidence before it rebutted by omission to mention expert evidence as to the state’s inability and unwillingness to protect applicant without providing explanation for omission—Failure to address risks identified by applicant, expert evidence contradicting Board’s own conclusion, unreasonable—Application allowed.
Lecaliaj v. Canada (Minister of Citizenship and Immigration) (IMM-2124-08, 2009 FC 123, Russell J., judgment dated February 5, 2009, 21 pp.)