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Bageuri v. Canada ( Minister of Citizenship and Immigration )

IMM-5979-98

Tremblay-Lamer J.

19/11/99

6 pp.

Application for judicial review of Immigration and Refugee Board decision plaintiff not Convention refugee-Plaintiff, citizen of Chad, alleged had well-founded fear of persecution due to membership in particular social group, family-Left Chad for Cameroon and remained there until July 1997-Feared would be extradited to Chad and left Cameroon for Canada on July 19, 1997-On March 11, 1998 panel rendered decision plaintiff not Convention refugee as no credible evidence regarding identity-Panel said nothing about important evidence directly related to plaintiff's identity-Affidavits entered in record confirming plaintiff's identity dismissed by panel without explanation-When evidence directly related to plaintiff's claim and corroborating testimony in question panel must refer to it-Evaluation of evidence matter within panel's jurisdiction-Affidavits corroborated plaintiff's testimony regarding identity-Panel had duty to comment on evidence, and where deciding to disregard evidence, should have clearly indicated why-Application allowed.

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