Tuesday, August 02, 2011

Anthonipillai—unreasonable credibility assessment

Anthonipillai v. Canada (Citizenship and Immigration), 2011 FC 66 (CanLII)

Judge: Justice Shore

Date heard: January 18, 2010

Date decided: January 21, 2011

Counsel for Anthonipillai: Krassina Kostadinov

Counsel for Minister: Lorne McClenaghan

Place of Hearing: Toronto, Ontario

In this extremely brief decision, Justice Shore notes that “The Applicant has countered every single finding the RPD made in its brief reasons on the Applicant’s credibility in a manner that casts serious doubt on the essence and substantiation of the findings” (para. 7). Furthermore, “In this matter, the RPD did make core findings that were unsubstantiated by the evidence before it …” (para. 9).

JUDICIAL REVIEW ALLOWED