Date: 19980812
Docket: IMM-3983-97
BETWEEN:
MUHAMMAD ALI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.:
[1] That applicant challenges the IRB panel's finding that he had an IFA in Pakistan. He also disputes the panel's finding that a letter he produced from his uncle relating to the kidnapping of his brother was concocted.
[2] As to the first issue, the applicant points out numerous documentary references to violence by the Sipah-i-Sahaba against Shia's in Pakistan, particularly in the Punjab province. The applicant says this indicates he does not have a viable IFA in Pakistan. However, the applicant does not argue that all twenty million Shia's in Pakistan are persecuted or that they all qualify as Convention Refugees.
[3] The panel accepted that the applicant was persecuted by the local Sipah-i-Sahaba in Lahor because of the prominence of his father and himself in the Shia community in that location. However, it found that the applicant was not distinguished such that he would be sought out for persecution elsewhere in Pakistan. There is no evidence, other than the applicant's subjective statements, that he would be subject to persecution elsewhere in Pakistan. Certainly the documentary evidence does not suggest that a Shia that had been singled out for persecution by a local Sipah-i-Sahaba group would be pursued by that group if he moved to another location in Pakistan or by local Sipah-i-Sahaba groups in other parts of Pakistan.
[4] The panel's decision appears to be well-reasoned. I cannot conclude that it erred in its IFA determination.
[5] With respect to the letter, the applicant says the panel's finding that it was concocted was based on speculation. However, the letter was undated. It was sent for purposes of the applicant's refugee claim as it contained documents needed for his refugee hearing. The letter is the only indication of a ransom claim and the panel doubted that kidnappers would wait a significant length of time before making a ransom demand. These are relevant considerations which could reasonably lead the panel to believe that the letter was unreliable. The panel's conclusion is based on a balance of probabilities having regard to such information. It is not based on speculation.
[6] The judicial review must be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 12, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3983-97
| STYLE OF CAUSE: MUHAMMAD ALI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, AUGUST 11, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: WEDNESDAY, AUGUST 12, 1998
APPEARANCES:
Mr. Sian E. Williams
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD:
| Sian E. Williams |
| Barrister & Solicitor |
| 92 Gillard Avenue |
| Toronto, Ontario |
| M4J 4N6 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980812
Docket: IMM-3983-97
Between:
| MUHAMMED ALI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER