Federal Court


Board focused its attention on matters that were immaterial and irrelevant

Application for judicial review decision of board determining that applicant was neither Convention Refugee nor person in need of protection under ss. 96 and 97 of Immigration and Refugee Protection Act (Can.). Applicant was citizen of St. Lucia. Applicant claimed that she feared her ex-boyfriend. Board refused applicant’s claim on basis that she lacked credibility. Application granted. Matter was referred back to board for reconsideration before different member. Board’s decision fell outside scope or range of legally permissible outcomes given facts and law and was unreasonable. Notwithstanding concerns about applicant’s credibility, decision failed to substantively analyze claim. Instead of focusing on factual issues that were material to claim for protection, board focused its attention on matters that were immaterial and irrelevant to claim for protection. Board undertook no analysis of principle basis of claim of risk. Board’s determination that applicant lacked credibility was vague and imprecise. Board placed unreasonable emphasis on applicant’s travel documents.

Cooper v. Canada (Minister of Citizenship and Immigration)

(Jan. 31, 2012, F.C., Rennie J., File No. IMM-3840-11) 212 A.C.W.S. (3d) 1011 (10 pp.).

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

Ontario’s provincial government said it will use both the courts and the legislature to cut the size of Toronto’s city council ahead of an Oct. 22 election. Do you think lawyers' efforts to stop this move will be successful?