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

• Judge: McGillis, J.
• Court: Federal Court (Canada)
• Case Date: May 19, 1999
• Jurisdiction: Canada (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.