Li v. Canada ( Minister of Citizenship and Immigration )
IMM-2808-94
Cullen J.
25/1/95
9 pp.
Application for judicial review of Refugee Division (Board) determination denying applicant, citizen of China, Convention refugee status -- Applicant not represented by counsel during Board hearing -- Applicant claiming breach of fundamental justice on ground: (1) interpreter not translating all of documentary evidence; and (2) Board not moderating Refugee Hearing Officer's (RHO) cross-examination -- Failure to translate documentary evidence not breaching principle of fundamental justice (Szczecka v. Minister of Employment and Immigration (1993), 170 N.R. 58 (F.C.A.)) -- Applicant not subject to aggressive and overly intrusive questioning by RHO and applicant having opportunity to correct any misunderstandings arising during cross-examination -- Adverse finding of breach of natural justice -- Applicant also submitting Board erred in not finding him credible -- Reviewing court should refuse to interfere with credibility assessments where assessments: (1) properly founded on evidence; (2) do not ignore evidence; or (3) are supported by evidence -- Many discrepancies in applicant's testimony due to difficulties in translation and fact applicant not represented by counsel, however, applicant not disputing contradictory statements nor raising objections to translation at time of hearing -- Board's findings of credibility not so unreasonable as to warrant judicial intervention -- Judicial review dismissed.