Date: 19990730
Docket: IMM-4900-98
BETWEEN:
MOHAMED MAHAMUD ABBAS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.A.
[1] In spite of a well articulated argument by counsel for the applicant, I do not think this is a case for intervention by the Court. At issue are factual and credibility findings.
[2] The factual findings are not without support in the evidence. The panel"s reference to improvement of human rights conditions is to provide some background as to why the panel thought the applicant was released from detention. However, it is clear that the main reason for concluding that he was released was that a modicum of calm was restored after the July 1997 riots. I see no justification for interfering with this finding.
[3] The applicant refers to excerpts from the documentary evidence which supports the applicant"s case. However, the weighing of documentary evidence is for the panel and not for this Court on judicial review.
[4] The applicant said his uncle obtained his release from detention. However, the applicant did not explain how his uncle found out he was in detention and how he succeeded in obtaining his release. The applicant said he did not ask his uncle although there was opportunity to do so and the question was obvious.
[5] The panel found this unsatisfactory. I can see no error in this conclusion. The panel found the applicant was not photographed or questioned in detention as he did not refer to these incidents in his Personal Information Form or during his direct examination. Again this is an assessment to be made on the specific facts of a particular case, and is within the scope of the panel"s jurisdiction and is not to be redetermined by this Court
[6] The panel concluded that in spite of his arrest and detention after the July 1997 riots the applicant was really of no importance to the authorities such as to establish an objective basis for a well-founded fear of persecution. This conclusion was open to the panel on the evidence and should not be interfered with by this Court.
[7] Subsection 2(3) of the Immigration Act does not arise on the facts of this case.
[8] The judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
July 30, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4900-98 |
| STYLE OF CAUSE: MOHAMED MAHAMUD ABBAS |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: THURSDAY, JULY 29, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: EVANS J.A. |
DATED: FRIDAY, JULY 30, 1999
APPEARANCES: Mr. Raoul Boulakia
For the Applicant
| Mr. Goodwin Friday |
For the Respondent
SOLICITORS OF RECORD: Raoul Boulakia
| Barrister and Solicitor |
| 45 Saint Nicholas Street |
| Toronto, Ontario |
| M4Y 1W6 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19990730
Docket: IMM-4900-98
Between:
| MOHAMED MAHAMUD ABBAS |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER