Digests

Celik v. Canada (Minister of Citizenship and Immigration)

IMM-4840-02

2003 FC 286, Gibson J.

7/4/03

11 pp.

Judicial review of decision of Convention Refugee Determination Division (CRDD) finding applicants not Convention refugees--Three matters determinative: (1) military police raids on applicants' home in December 2000 and January 2001 and proximity of applicant's departure from Turkey to Canada to those raids; (2) alleged ignoring of medical evidence case specific to principal applicant; and (3) impact of female applicant's commitment to religious practice on her ability to obtain suitable employment if now required to return to Turkey--Two aspects of raids clearly very important--Second raid disclosed significant risk to female applicant and to children--Further, second raid led to seizure of banned books from principal applicant's library which would demonstrate to police authorities principal applicant remained committed to religious beliefs and perceived political ideology--Counsel for applicant urged CRDD failed to give these events and implications flowing from them sufficient weight in determination of whether or not applicants would now face significant risk of persecution if returned to Turkey--Interpretation of CRDD's reasons, read as whole, supports submissions of counsel for applicant--CRDD erred in reviewable manner in misinterpreting critical importance to applicants of late December, 2000, and early January, 2001, police raids as key bases underlying their fear of persecution if required to return to Turkey--Psychiatric report appears squarely to contradict CRDD's finding of fact or of mixed fact and law regarding whether principal applicant has in past suffered persecution--CRDD committed reviewable error in ignoring case-specific, relevant evidence and in not referring to, and dealing with, evidence in question--Finally, CRDD inappropriately minimized importance of evidence before it regarding female applicant's unwillingness to abandon particular religious practice in order to secure re-employment as high school teacher, when that evidence combined with evidence, also before CRDD, that in absence of abandonment of particular religious practice, female applicant would be unable to obtain re-employment as high school teacher-- Appropriate consideration of such evidence might not have necessarily led to conclusion of persecution, but indeed important consideration--Denial to female applicant of opportunity for her to re-assume position in high school teaching might amount to "serious discriminatory policies" resulting in past persecution and potential future persecution on Convention ground of religion if female applicant required to return to Turkey--Judicial review allowed, decision under review set aside, and matter referred back for rehearing and redetermination by differently constituted panel.