Date: 19980618
Docket: IMM-2873-97
BETWEEN:
ALI ASGHAR AZARBAIJANI
Applicant(s)
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
RICHARD, J.
1� This is an application to review and set aside a decision of the post-claim determination officer (PCDO) made on June 11, 1997, wherein the PCDO determined that the applicant was not a member of the Post-Determination Refugee Claimants in Canada Class (PDRCC Class).
2� The applicant is a citizen of Iran who arrived in Canada on July 12, 1995 and made a claim to Convention refugee status. On December 3, 1996, the applicant was determined not to be a Convention refugee by the Refugee Division who found the applicant not to be credible. An application for leave to commence a judicial review of that decision was dismissed. In accordance with subsection 2(1) of the Immigration Regulations, 1978, the applicant was entitled to a review of his case to determine if he was a member of the PDRCC Class. This Class is limited to persons who will be subjected to a personal, objectively identifiable risk to their life, of extreme sanctions or of inhumane treatment if required to leave Canada. In her risk analysis and decision the PCDO identified the material that she had considered:
1)the applicant's Personal Information Form;
2)the decision and reasons provided by the CRDD dated December 10, 1996;
3)Country Reports on Human Rights Practices for 1996, U.S. Department of State; and
4)Counsel's submissions dated May 28, 1997, and the documentary evidence provided.
3� The PCDO noted that the risks identified by the applicant's counsel related to the applicant's past history of anti-Islamic behaviour, the five days of detention he underwent for attempting to assist the sister of a friend being harassed by the Iranian security forces and the discovery of a pamphlet on Christianity in his briefcase. The PCDO further noted that counsel's submission that he would be arrested, detained and killed by the security forces.
4� The applicant submitted that the PCDO should not have relied on the CRDD decision and in doing so fettered her discretion. The mere fact that the PCDO came to the same conclusion as the CRDD does not mean that she fettered her decision. She considered the totality of the evidence before her and concluded that the applicant did not qualify as a member of the PDRCC Class. The applicant has not shown that the PCDO erred in law, proceeded on some wrong or improper principle or acted in bad faith.
5� The applicant took issue with the conclusion by the PCDO that there was no substantive evidence to support a number of claims made by the applicant. I understand that the PCDO was referring to the nature and weight of the evidence, matters within her jurisdiction.
6� Counsel's written submissions also claimed that the applicant was denied fundamental justice by failing to grant the applicant an interview in regards to his PDRCC application. The duty of fairness owed to the applicant is no higher than in Shah v. M.E.I. (1994), 170 N.R. 238 where Federal Court of Appeal held that no hearing need be held.
7� Accordingly, the application for judicial review is dismissed.
"John D. Richard"
Judge
Toronto, Ontario
June 18, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2873-97
STYLE OF CAUSE: ALI ASHGAR AZARBAIJANI
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: JUNE 17, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: RICHARD, J.
DATED: JUNE 18, 1998
APPEARANCES:
Ms. Sian E. Williams
For the Applicant
Mr. Stephen Gold
For the Respondent
SOLICITORS OF RECORD:
Sian E. Williams
347 Bay Street
Suite 902
Toronto, Ontario
M4J 4N6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980618
Docket: IMM-2873-97
Between:
ALI ASHGAR AZARBAIJANI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER