Does a panel have authority to assess direct evidence that the respondent’s fear was direct?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Habimana, 2010 FC 17 (CanLII):
Although the panel has the authority to assess the respondents testimony, that assessment must still be transparent and intelligible (see Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, at paragraph 47). The respondents testimony was so vague that he did not even know whether he had been threatened by the militia he was going to testify against, as the panel concluded, or by [translation] people in the Gacacas [or] peasants. Given this context, the panels statement that the respondents testimony regarding his fear was direct seems to me to be hardly transparent and is not intelligible.
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