Date: 20131106 Docket: IMM-10760-12 Citation: 2013 FC 1130 Ottawa, Ontario, November 6, 2013 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: MATHIJUKAN RAMANATHAN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [ 1 ] This is a most unusual case. The problem is that the transcript of a May 8, 2012 Refugee Protection Division hearing has gone missing.

Therefore, the Certified Tribunal Record is incomplete. [ 2 ] I accept the word of the Applicant’s counsel, as an officer of this Court, that the hearing of May 8, 2012 dealt with the Applicant’s identity – the determinative issue in this case. The Applicant’s credibility was also in issue. [ 3 ] Both matters of identity and credibility were canvassed in the missing transcripts.

Therefore, the transcripts are highly relevant. [ 4 ] Given the options of determining the judicial review without the transcript and potentially accepting counsel’s notes as the “best available evidence” and ordering the matter to be reheard, a rehearing is the preferred option. This is not a criticism of counsel or his note-taking abilities. [ 5 ] Therefore, this judicial review will be granted, the decision quashed and the matter referred back to be determined by a different member. [ 6 ] There are no questions for certification. JUDGMENT

THIS COURT’S JUDGMENT is that the application for judicial review is granted, the decision of the Refugee Protection Division is quashed and the matter is to be referred back to be determined by a different member. "Michael L. Phelan" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-10760-12 STYLE OF CAUSE: MATHIJUKAN RAMANATHAN v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: toronto, ontario DATE OF HEARING: OCTOBER 21, 2013 REASONS FOR JUDGMENT AND JUDGMENT: PHELAN J. DATED: november 6, 2013 APPEARANCES : Robert Blanshay For The Applicant Michael Butterfield For The Respondent SOLICITORS OF RECORD :

Blanshay & Lewis Barristers and Solicitors Toronto, Ontario For The Applicant William F. Pentney Deputy Attorney General of Canada Toronto, Ontario For The Respondent