Canada Immigration Case-law Tamayo c. Canada, IMMIGRATION — Refugee status — Procedure

Judgement of this Case: Click Here!
IMMIGRATION — Refugee status — Procedure — Applicant, citizen of Cuba, was refused convention refugee status on ground testimony not included in information in Personal Information Form (PIF) — Counsel for applicant had filled out PIF but had made omissions as applicant had filled out form in Spanish and did not have interpreter — Appeal Division dismissed her appeal, and on re-hearing after judicial review affirmed decision of Refugee Protection Division (RPD) — Application for judicial review granted — Applicant testified before RPD that she wasn’t informed of omissions in PIF before day of hearing — Applicant did not contradict information included in form, just added allegations that were not present in form — Both RPD and RAD used omissions in form to find that new allegations were not credible — No other reasons were raised by RPD and RAD to determine that applicant was not credible — Due to fact that the applicant’s risk could be substantial SAR had duty to analyze all the proof regarding claims by which applicant applied for refugee status, to ensure outcome consistent with purposes of Immigration and Refugee Protection Act (Can.) — Applicant’s lawyer had clearly stated that omissions were not fault of applicant.