Wednesday, March 16, 2011

The Court set aside a PRRA refusal. The officer gave minimal weight to a letter that sentenced the applicant to death. The Court took objection to this noting:

[11] The second letter, the undated one, identifies the Hezbollah files and a judgment hearing number 236KM under which Mrs. Hamadi was condemned to death. The officer found this letter to have minimal probative value, notwithstanding the logo, because the translation was said to be unofficial and informal and because there was no statement as to who translated it, no attestation as to its accuracy, and no explanation as to how the document was obtained.

[12] One cannot give minimal value to a death sentence. One must give it considerable value, or no value whatsoever. If one gives no value to it, it follows that the officer considered it a forgery, and therefore considered Mrs. Hamadi a liar.

2011 FC 317
Key Issues: 
sufficient evidence, credibility