Ahangaran v. Canada (Minister of Citizenship and Immigration), (1999) 168 F.T.R. 315 (TD)

JudgeMcGillis, J.
CourtFederal Court (Canada)
Case DateMay 19, 1999
JurisdictionCanada (Federal)
Citations(1999), 168 F.T.R. 315 (TD)

Ahangaran v. Can. (M.C.I.) (1999), 168 F.T.R. 315 (TD)

MLB headnote and full text

Temp. Cite: [1999] F.T.R. TBEd. JN.045

Behzad Ahangaran (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-301-98)

Indexed As: Ahangaran v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

McGillis, J.

May 19, 1999.

Summary:

The Immigration and Refugee Board rejected the applicant's claim to Convention refugee status. The applicant applied for judicial review.

The Federal Court of Canada, Trial Divi­sion, allowed the application.

Aliens - Topic 1331

Admission - Refugees - Evidence - [See Aliens - Topic 1335 ].

Aliens - Topic 1335

Admission - Refugees - Appeals or judicial review - Grounds - The Immigration and Refugee Board found that the applicant was not a credible witness and rejected his claim to Convention refugee status - The applicant applied for judicial review - The Federal Court of Canada, Trial Division, allowed the application - The Board's credibility findings were based solely on matters pertaining to the applicant's travel following his departure from Iran, includ­ing matters such as his use of false docu­ments and identities - Although the Board was entitled to consider all of the matters relied on by it in assessing the applicant's credibility, it was also required to evaluate the credibility of his evidence concerning the substance of his refugee claim - The Board erred in failing to consider the totality of the evidence.

Counsel:

Michael Crane, for the applicant;

Toby Hoftman, for the respondent.

Solicitors of Record:

Michael Crane, Toronto, Ontario, for the applicant;

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard on May 19, 1999, at Toronto, Ontario, before McGillis, J., of the Federal Court of Canada, Trial Division, who delivered the following oral decision on the same date.

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14 practice notes
  • Table of cases
    • Canada
    • Irwin Books Refugee Law. Second Edition
    • June 20, 2017
    ...[1993] FCJ No 732 (CA) .............................................268 Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315, [1999] FCJ No 772, 88 ACWS (3d) 856 (TD) ....................... 293 Ahani v Canada (Minister of Citizenship and Immigration); Ahani v Ca......
  • Table of cases
    • Canada
    • Irwin Books Archive Refugee Law
    • August 31, 2007
    ...132 F.T.R. 35 , 71 A.C.W.S. (3d) 1151 (T.D.)....................... 102 Ahangaran v. Canada (Minister of Citizenship and Immigration) (1999), 168 F.T.R. 315, [1999] F.C.J. No. 772, 88 A.C.W.S. (3d) 856 (T.D.) ............ 231 Ahani v. Canada (1996), 201 N.R. 233, [1996] F.C.J. No. 937, 70 A......
  • Inland Protection
    • Canada
    • Irwin Books Refugee Law. Second Edition
    • June 20, 2017
    ...an adoption is inaccurate (at least if worded in the present tense). 82 Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315 (TD). 83 Akhigbe v Canada (Minister of Citizenship and Immigration) , [2002] FCJ No 332 (TD). 84 Li v Canada (Minister of Citizenship and ......
  • Mallampally et al. v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 135 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • February 27, 2012
    ...credibility in light of the totality of evidence before it (see Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315, [1999] FCJ no 772 at para 5), and addressed contradictory evidence (see Zepeda v Canada (Minister of Citizenship and Immigration) , 2008 FC 491, ......
  • Request a trial to view additional results
10 cases
  • Mallampally et al. v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 135 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • February 27, 2012
    ...credibility in light of the totality of evidence before it (see Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315, [1999] FCJ no 772 at para 5), and addressed contradictory evidence (see Zepeda v Canada (Minister of Citizenship and Immigration) , 2008 FC 491, ......
  • Chen v. Canada (Citizenship and Immigration), 2021 FC 1332
    • Canada
    • Federal Court (Canada)
    • December 1, 2021
    ...444, 1989 CarswellNat 736 at 2 (FCA) [Attakora]; Ahangaran v Canada (Minister of Citizenship and Immigration), [1999] FCJ No 72 at para 5, 168 FTR 315 (FCTD) [Ahangaran]. Mr. Chen submits that destroying his passport and lying about his travel route to Canada have little bearing on the cent......
  • Kosmacaj v. Canada (Minister of Citizenship and Immigration), 2005 FC 52
    • Canada
    • Federal Court (Canada)
    • January 17, 2005
    ...details central to a claim and omissions of insignificant details: Ahangaran v. Canada (Minister of Citizenship and Immigration) (1999), 168 F.T.R. 315 (T.D.); L. Waldman, Immigration Law and Practice at para. 8.30. [8] Minor or irrelevant apparent inconsistencies should not be taken into a......
  • Liu v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 122
    • Canada
    • Federal Court (Canada)
    • February 22, 2012
    ...race or ethnicity. [16] The Applicant refers the Court to the decision of Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315, [1999] FCJ no 772 at para 5 where Justice Donna McGillis acknowledged that the Board was entitled to "consider all of the matters relie......
  • Request a trial to view additional results
4 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Refugee Law. Second Edition
    • June 20, 2017
    ...[1993] FCJ No 732 (CA) .............................................268 Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315, [1999] FCJ No 772, 88 ACWS (3d) 856 (TD) ....................... 293 Ahani v Canada (Minister of Citizenship and Immigration); Ahani v Ca......
  • Table of cases
    • Canada
    • Irwin Books Archive Refugee Law
    • August 31, 2007
    ...132 F.T.R. 35 , 71 A.C.W.S. (3d) 1151 (T.D.)....................... 102 Ahangaran v. Canada (Minister of Citizenship and Immigration) (1999), 168 F.T.R. 315, [1999] F.C.J. No. 772, 88 A.C.W.S. (3d) 856 (T.D.) ............ 231 Ahani v. Canada (1996), 201 N.R. 233, [1996] F.C.J. No. 937, 70 A......
  • Inland Protection
    • Canada
    • Irwin Books Refugee Law. Second Edition
    • June 20, 2017
    ...an adoption is inaccurate (at least if worded in the present tense). 82 Ahangaran v Canada (Minister of Citizenship and Immigration) (1999), 168 FTR 315 (TD). 83 Akhigbe v Canada (Minister of Citizenship and Immigration) , [2002] FCJ No 332 (TD). 84 Li v Canada (Minister of Citizenship and ......
  • Inland Protection
    • Canada
    • Irwin Books Archive Refugee Law
    • August 31, 2007
    ...an adoption is inaccurate (at least if worded in the present tense). 84 Ahangaran v. Canada (Minister of Citizenship and Immigration) (1999), 168 F.T.R. 315 (F.C.T.D.). 85 Akhigbe v. Canada (Minister of Citizenship and Immigration) , [2002] F.C.J. No. 332 (T.D.). 86 Li v. Canada (Minister o......

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