Date: 19980216
Docket: IMM-3718-97
Ottawa, Ontario, February 16, 1998
Present: The Honourable Mr. Justice Muldoon
BETWEEN:
GHOLAM SAKHI NIAZI,
SHAKILA NIAZI,
SADAF NIAZI,
YAMA NIAZI and
SHABNAM NIAZI,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS AND ORDER
MULDOON, J.
[1] The applicants seek leave to institute judicial review proceedings against the Convention Refugee Determination Division's (CRDD's) decision dated August 8, 1997. The CRDD found that the adult applicants were terrible liars, and documented its findings. This was unfortunate as the applicants must now realize and repent. Perhaps they thought that the nice Canadians were just push-overs.
[2] If what the male adult applicant says in his affidavit sworn on September 28th, 1997, be now, at least, mostly true then the applicants should pray for and apply for a favourable compassionate review of their case, because the affidavit is too late for use in the reviewing of the CRDD's decision. It is well known, of course, that the Taliban are savagely repressive of all women, and that their interpretation and application of Shari'a are so ignorantly fanatical as to be neither merciful nor compassionate. Returning to Afghanistan, if they must, would be an ugly experience for the female applicant if not the whole family, as the documentary evidence alone demonstrates.
[3] But, after all, judicial review concerns itself with the manner in which the CRDD came to its decision, and this Court can find no fault with that. Therefore:
ORDER
Leave is refused.
Judge