Memarpour v. Canada ( Minister of Citizenship and Immigration )
IMM-3113-94
Simpson J.
14/12/95
9 pp.
Judicial review of CRDD decision applicant not Convention refugee on ground no credible, trustworthy evidence had wellfounded fear of persecution-Applicant, citizen of Iran, participating in anti-government protest; interrogated as Mujahedeen suspect, detained for three days until mother paid bribe for release; denunciation of Ayatollah to university officials resulting in raids of family home by revolutionary guards who found anti-government literature in applicant's room (Iran Events)-Applicant leaving Iran using false passport in 1983-Remained outside Iran, travelling on false passport, for ten years before making refugee claim-Explanation for delay: demeaning to stand in long lines at Embassies to make refugee claim (Post-Iran Events)-At opening of hearing, presiding Board member stating accepting information in Personal Information Form (PIF)-Shortly thereafter neither panel members nor RHO taking exception to applicant's counsel's statement panel accepting information in PIF as true-Application dismissed-(1) Denial of fair hearing in respect of credibility findings-Reviewable error when Board failed to state issues in clear, unequivocal terms-Statement "accepted" PIF information leaving impression accepted it as credible-Having taken credibility off table, not open to Board to make adverse findings of credibility without affording applicant opportunity to address Board's concerns, provide explanations-Although no general duty to confront witness with issues of credibility, such requirement existing if credibility becoming issue for Board when previously deleted by Board as relevant issue in case-(2) Mobil Oil Canada Ltd. v. CanadaNewfoundland Offshore Petroleum Board, [1994] 1 S.C.R. 202 introducing exception to principle denial of fair hearing rendering decision invalid, where nonsensical and contrary to notions of finality, effective use of public funds and Board's resources to require rehearing-Even if believed applicant as to Iran Events, evidence about Post-Iran Period such that Board would certainly conclude not having subjective fear of persecution.