Ngue v. Canada ( Minister of Citizenship and Immigration )
IMM-1678-98
Teitelbaum J.
22/3/99
10 pp.
Application for judicial review of IRB decision holding applicant not Convention refugee-Applicant, citizen of Cameroon, arrived in Canada in May 1997 and claimed persecution on basis of political opinions and membership in particular social group-Issues whether IRB applied burden of proof different from that established in Adjei v. Canada (Minister of Employment and Immigration), [1989] 2 F.C. 680 (C.A.); whether IRB's adverse finding of credibility reasonable in light of applicant's failure to claim refugee status in Netherlands and during three-year period which elapsed after left Cameroon; whether errors of fact underlined in IRB's reasons determinant of outcome and justify intervention of Court-Application allowed-Burden of proof established in Adjei relating to objective basis of one's fear-Only subjective fear relating to credibility issues-IRB's reasons herein show only basis for dismissing applicant's claim lack of credibility-Evidence showing facts relied upon by IRB in support of its adverse finding of credibility incorrect-Issue whether evidence to support adverse finding of credibility once errors of fact have been severed from rest of evidence referred to in its reasons-Overall effect of numerous errors of fact rendering credibility assessment unreasonable-Matter should be returned for new hearing before differently constituted IRB.