The Applicant argues, successfully in my opinion, that the officers assessment of central evidence was based on veiled credibility findings. She refers to Justice MacKays decision in Zokai v. Canada (Minister of Citizenship and Immigration), 2004 FC 1581 at paragraph 13: I do not suggest that if an oral hearing is requested that request must be granted. Yet here one was requested and the circumstances supporting that request were advanced but no reference was made in the PRRA decision to consideration of the request, to the circumstances advanced, or the factors set out in the regulations to be weighed in considering the request. Moreover, the essence of the decision is that the applicant's story and professed fears are given no weight, effectively rejecting the applicant's evidence as not credible even though no specific reference is made to credibility as an issue. That process of decision making was ultimately unfair, particularly, where the timing of the process effectively foreclosed a reasonable time for presentation of supporting evidence. (emphasis added)
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