Date: 20021002
Docket: IMM-5653-01
Neutral citation: 2002 FCT 1034
Montreal, Quebec, October 2, 2002
Present: The Honourable Madam Justice Danièle Tremblay-Lamer
BETWEEN:
SULAMAN ALI
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) wherein the Board determined that the applicant was not a Convention refugee based on his lack of credibility. The Board found that his testimony was vague, evasive and not delivered in a frank manner.
[2] It is trite law that the Board has complete jurisdiction to make credibility findings and that there is nothing in this case to warrant the Court's intervention.
[3] The applicant then submits that the one member panel was without jurisdiction to decide his case and that the presiding member was biased. Subsection 69.1(8) of the Immigration Act, R.S.C. 1985, c. I-2, allows the hearing to proceed before a one member panel if the person making the claim consents. The applicant was represented by counsel and no objection was made to proceed with one member. It is evidence that the applicant implicitly gave his consent or he would have acted differently.
[4] As for the bias of the president member, the Court of Appeal in Arthur v. Canada (Attorney General), [2001] F.C.J. No. 1091, has emphasized that an allegation of bias cannot be done lightly. It cannot rest on mere suspicion, pure conjecture or mere impressions of an applicant. It must be supported by material evidence. This standard has not been met in the present case.
[5] For these reasons, the application for judicial review is dismissed.
ORDER
THIS COURT ORDERS that the application for judicial review is dismissed.
Danièle Tremblay-Lamer
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20021002
Docket: IMM-5653-01
BETWEEN:
SULAMAN ALI
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5653-01
STYLE OF CAUSE:
SULAMAN ALI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: October 2, 2002
REASONS FOR ORDER
AND ORDER: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
DATED: October 2, 2002
APPEARANCES:
|
Ms. Odette Desjardins |
FOR THE APPLICANT |
|
Mr. Michel Pépin |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Arpin, Mascaro et Associés Montreal, Quebec |
FOR THE APPLICANT |
|
Morris Rosenberg Deputy Attorney General of Canada Montreal, Quebec |
FOR THE RESPONDENT |