Ahortor v. Minister of Employment and Immigration, (1993) 65 F.T.R. 137 (TD)

• Judge: Teitelbaum, J.
• Court: Federal Court (Canada)
• Case Date: July 13, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 65 F.T.R. 137 (TD)

Ahortor v. MEI (1993), 65 F.T.R. 137 (TD)

MLB headnote and full text

William Kwame Ahortor (applicant) v. The Minister of Employment and Immigration (respondent)

(A-237-93)

Indexed As: Ahortor v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Teitelbaum, J.

July 14, 1993.

Summary:

A Convention refugee claimant applied for judicial review of the dismissal of his claim by the Convention Refugee Determination Division of the Immigration and Refugee Board.

The Federal Court of Canada, Trial Division, allowed the application and remitted the matter to a differently constituted panel.

Aliens - Topic 1326.1

Admission - Refugees - Refugee Division - Determination by - [See Aliens - Topic 1331 ].

Aliens - Topic 1331

Admission - Refugees - Evidence - The Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board dismissed Ahortor's claim for Convention refugee status - The Federal Court of Canada, Trial Division, remitted the matter for rehearing, where CRDD (1) erred in law by concluding that Ahortor's testimony was not credible; (2) in the absence of evidence to the contrary, erred by relying on extrinsic criteria; (3) erred by drawing negative inferences without considering the totality of the evidence; (4) erred by requiring documentary evidence to support Ahortor's uncontradicted testimony; (5) erred in fact by using the lack of corroborating evidence as a basis to disbelieve Ahortor's allegations; and (6) in the absence of evidence to the contrary, erred in law by basing its findings on irrelevant considerations.

Aliens - Topic 1335

Admission - Refugees - Appeals - Grounds - Error of fact - [See Aliens - Topic 1331 ].

Cases Noticed:

Hilo v. Minister of Employment and Immigration (1992), 130 N.R. 236; 15 Imm. L.R.(2d) 199 (F.C.A.), consd. [para. 34].

Armson v. Minister of Employment and Immigration (1989), 101 N.R. 372; 9 Imm. L.R.(2d) 150 (F.C.A.), consd. [para. 35].

Maldonado v. Minister of Employment and Immigration, [1980] 2 F.C. 302; 31 N.R. 34 (F.C.A.), consd. [para. 36].

Attakora v. Minister of Employment and Immigration (1989), 99 N.R. 168 (F.C.A.), consd. [para. 37].

Giron v. Minister of Employment and Immigration (1992), 143 N.R. 238 (F.C.A.), consd. [para. 39].

Salamat v. Canada (Immigration Appeal Board) (1989), 8 Imm. L.R.(2d) 58 (F.C.A.), consd. [para. 40].

Ansong v. Minister of Employment and Immigration (1989), 9 Imm. L.R.(2d) 94 (F.C.A.), consd. [para. 41].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 2(1) [para. 1]; sect. 82 [para. 53].

Authors and Works Noticed:

Amnesty International Report: Ghana - Political Imprisonment and the Death Penalty (1991), generally [paras. 48, 50].

Ghana From 1981-1991 Report: A Decade of Repression and Forced Migration, generally [para. 50].

Counsel:

Michael Bossin, for the applicant;

Rosemary Muzzi, for the respondent.

Solicitors of Record:

Michael Bossin, Toronto, Ontario, for the applicant;

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard at Toronto, Ontario, on July 13, 1993, before Teitelbaum, J., of the Federal Court of Canada, Trial Division, who delivered judgment on July 14, 1993.