Date: 19980729
Docket: IMM-3125-97
BETWEEN:
MUBARIK AHMAD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Let the attached certified transcript of my Reasons for Order delivered orally from the Bench at Toronto, Ontario on July 15, 1998, be filed to comply with section 51 of the Federal Court Act.
Judge
OTTAWA, Ontario
Court File No. IMM-3125-97
IN THE FEDERAL COURT OF CANADA
(TRIAL DIVISION)
B E T W E E N :
MUBARIK AHMAD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
_________________________________________________________
BEFORE THE HONOURABLE MR. JUSTICE TEITELBAUM
_________________________________________________________
HELD AT: Federal Court of Canada,
330 University Avenue,
Toronto, Ontario.
DATE: July 15, 1998
ORAL REASONS
APPEARANCES:
Lisa Rosenblatt for the Applicant
Kevin Lunney for the Respondent
THE COURT: Would you like to take this decision, please?
After the commencement of the hearing into this matter, it became apparent that the Board made a number of serious errors in their decision.
One of the most serious errors is that the Board confused the issue with regard to what we will call the Blasphemy laws in Pakistan in relation to the laws relating to Ordinance 20.
I am also satisfied, without having heard the parties, but on the basis of my own preparation for today's hearing, that the Board made a serious error with regard to an incident that allegedly took place on the June 8th or June 9th and the applicant, in his relating of this incident, he stated that the individuals were members of two groups and the Board said, "Well, the newspaper reporting the incident said it was a mob", and they did not give the applicant credibility because of this issue.
Counsel for the respondent wisely and with the deep appreciation of this Court conceded that this matter should be returned to a new Board for a new hearing.
I do not feel it even necessary to ask counsel if there are any questions to be certified because of the circumstances of this appeal.
The appeal is allowed.