Federal court | Immigration
REFUGEE STATUS
Board erred in credibility findings
Applicant was citizen of Pakistan who claimed refugee protection on basis she refused to go through with arranged marriage and moved to United States to escape harassment, but continued to be harassed by fiance’s relatives there. Board found determinative issue was credibility and was not convinced fiancé actually existed. Application for judicial review of decision dismissing refugee claim. Application granted. By insisting applicant produce documentary evidence to support testimony in absence of any finding her evidence was contradictory, inconsistent or implausible, board breached principle claimants’ evidence was presumed to be true unless there was valid reason to doubt it. Board erred in rejecting affidavits submitted by applicant merely because they came from her family and did not name her fiance, even though they fully supported applicant’s testimony. Thus, board erred in credibility findings.
Durrani v. Canada (Minister of Citizenship and Immigration) (Feb. 21, 2014, F.C., Russel W. Zinn J., File No. IMM-1263-13) 237 A.C.W.S. (3d) 1002.
Board erred in credibility findings
Applicant was citizen of Pakistan who claimed refugee protection on basis she refused to go through with arranged marriage and moved to United States to escape harassment, but continued to be harassed by fiance’s relatives there. Board found determinative issue was credibility and was not convinced fiancé actually existed. Application for judicial review of decision dismissing refugee claim. Application granted. By insisting applicant produce documentary evidence to support testimony in absence of any finding her evidence was contradictory, inconsistent or implausible, board breached principle claimants’ evidence was presumed to be true unless there was valid reason to doubt it. Board erred in rejecting affidavits submitted by applicant merely because they came from her family and did not name her fiance, even though they fully supported applicant’s testimony. Thus, board erred in credibility findings.
Durrani v. Canada (Minister of Citizenship and Immigration) (Feb. 21, 2014, F.C., Russel W. Zinn J., File No. IMM-1263-13) 237 A.C.W.S. (3d) 1002.
