Canada ( Minister of Employment and Immigration ) v. Rajaram
A-339-91
Mahoney J.A.
19/5/93
3 pp.
Application to set aside decision of credible basis panel -- Respondent and friends reporting illegal drug and gambling activities in village to police -- Information not acted upon -- Alleging police corruption -- Friend murdered, wife assaulted by suspected drug dealers -- Credibility impugned because of hearsay basis and conjectural nature of conclusions -- As unable to decide respondent's conclusions unreasonable, Adjudicator holding respondent credible -- Application allowed -- Adjudicator not finding credible or trustworthy evidence upon which Refugee Division might find respondent Convention refugee, but finding evidence not prepared to reject, and which Refugee Division might find credible or trustworthy and upon which, if it did, might find respondent to be Convention refugee -- Abdication of jurisdiction -- First level tribunal required to make own assessment of credibility: Sheikh v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 238 (C.A.).