Digests

Iantbelidze v. Canada (Minister of Citizenship and Immigration)

IMM-3335-01

2002 FCT 932, Heneghan J.

4/9/02

11 pp.

Judicial review of CRDD decision declaring applicant's claim abandoned--Applicant, citizen of Georgia, claimed refugee status upon entry to Canada on basis of fear of persecution because of political opinions and membership in singing group that performed at rallies--Applicant's PIF alleged severe beatings at hands of Georgian officials and included documentary evidence supporting claims of physical injuries--Applicant not appearing for hearing on February 12, 2001 but counsel appearing on his behalf, advising Board applicant ill, unable to attend--Board commencing aban-donment proceedings, advising applicant's counsel that at show cause hearing applicant should appear with medical certificate providing details as to nature of illness, its duration, treatment given, medication prescribed and reason why applicant could not appear on hearing date--At abandonment proceedings applicant provided handwritten note from doctor on prescription pad dated February 12, 2001 stating "this letter is to confirm that the patient was treated in our office for medical reasons"--Board rejected sufficiency of note--Noted that on date of original hearing applicant able to walk to doctor's office, pick up bread, take bus to meet interpreter to give her medical note, return home, call lawyer--Drew negative inference from applicant's failure to take medication prescribed and from lack of consistency in certain answers given during examination--Board not believing applicant when said that unable to have medical report concerning condition on February 12, 2001 issued on February 15, 2001 --Noted applicant referred to female doctor in masculine-- Board concluded claim abandoned--Application allowed-- More complete medical report dated July 3, 2001 inadmissible --Introduction of new evidence has effect of inviting Court to review Board's decision on basis of evidence not before Board--Ou v. Canada (Minister of Citizenship and Immigration) (1999), 48 Imm. L.R. (2d) 131 (F.C.T.D.) distin-guished--Nevertheless, translation at hearing before Board inadequate--Issue of procedural fairness, Charter, s. 14, concerns sufficient to warrant new hearing--Throughout hearing words "abandonment", "hearing", "doctor" incorrectly translated--At time of hearing applicant could not have known proceedings were being mistranslated--Board members themselves questioned adequacy of translation-- Furthermore, Board overly scrupulous in manner in which it assessed applicant's activities on February 12, 2001 as frowned upon in Attakora v. Canada (Minister of Employment and Immigration) (1989), 99 N.R. 168 (F.C.A.)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 14.