Federal Court


Immigration

REFUGEE STATUS
Failure to consider ground of persecution was breach of procedural fairness

Applicants were denied refugee protection. Application for judicial review was allowed. Board erred in failing to consider applicant’s evidence of gender-based persecution, namely domestic violence from ex-husband. Failure to consider ground of persecution was breach of procedural fairness. Ground was hinted at in PIF and was squarely raised in testimony and documentary evidence. Portions of evidence given in support of refusal had no relationship to evidence. Manner of questioning by member of board fell short of standard and used language that was highly inappropriate and unfair and irrelevant questioning. Proceeding was unfair. Inappropriate examination created hostile environment and coloured appreciation of evidence.

Varga v. Canada (Minister of Citizenship and Immigration) (May. 10, 2013, F.C., Donald J. Rennie J., File No. IMM-8539-12) 227 A.C.W.S. (3d) 1135.

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