Federal Court


Applicant’s sworn evidence should have been presumed true

Mother and child (“applicants”) claimed refugee protection based on well-founded fear of persecution in Vietnam as Catholic Christians. Refugee Protection Division of Immigration and refugee Board (“RPD”) denied applicants’ claims finding there was no credible basis for claims. RPD rejected applicants’ identity documents on basis they were copies, had no security features other than stamps and were faxes without evidence as to when and how they were faxes. Applicants sought judicial review. Application allowed. RPD member was preoccupied with expectation that applicant for refugee protection had to present acceptable documentation to prove identity. Based on RPD’s documentation expectations, applicant’s sworn evidence was rejected as unbelievable. Applicant’s sworn evidence was to be presumed true unless there were reasons to doubt its truthfulness in reaching conclusion on identity. There were no clear reasons provided for not accepting applicant’s sworn evidence in support of claim. Fact RPD found applicant to be native speaker of Vietnamese was not taken into consideration in resolving applicant’s nationality. RPD’s failure to reasonably consider this fact as critical in determining applicant’s identity rendered decision unreasonable.

Tran v. Canada (Minister of Citizenship and Immigration) (Oct. 28, 2013, F.C., Douglas R. Campbell J., File No. IMM-11045-12) 233 A.C.W.S. (3d) 972.

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

A Law Society of Ontario tribunal has ruled that a lawyer charged with offences related to child pornography should not be subject to an interlocutory suspension. Do you agree with this decision?