Date: 20040705
Docket: IMM-4864-03
Citation: 2004 FC 957
Edmonton, Alberta this 5th day of July 2004
Present: The Honourable Madam Justice Heneghan
BETWEEN:
NIAZ AHMED
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Niaz Ahmed (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"), dated June 5, 2003. In its decision, the Board determined that the Applicant was not a Convention refugee nor a person in need of protection within the meaning of section 97(1)(b) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 as amended (the "Act").
[2] The Applicant, a citizen of Pakistan, based his claim upon his political beliefs and support for the Muttahida Quain Movement ("MQM"). He claimed that he was pressured by the Pakistan People's Party (the "PPP") to join that party but he continued to support the MQM. He referred to a number of incidents that occurred between 1988 and 2001 including raids upon his home, death threats, arrests, interference by the police with a MQM rally, and being shot at while driving home from work. The Applicant also alleged that he was forced to resign from his employment.
[3] The Board found that the Applicant had failed to establish his identity as a member of the MQM and that there would not be risk to his life or risk of cruel and unusual treatment within the scope of section 97(1)(b) of the Act. As well, the Board made negative credibility findings against the Applicant and concluded that there was insufficient evidence upon which he could establish a well-founded fear of persecution in Pakistan due to his membership in the MQM.
[4] The negative findings of credibility by the Board are dispositive of this application having regard to the applicable standard of review to decisions of the Board, that is patent unreasonableness; see Conkova v. Canada (Minister of Citizenship and Immigration [2000] F.C.J. No. 300. The critical finding by the Board here is that the Applicant had failed to establish his membership in the MQM. This status is essential to the Applicant's claim either as a Convention refugee or as a person in need of protection. The Applicant carried the burden of establishing his membership, in the MQM. The Board was mandated to assess the evidence submitted and found the evidence as to be insufficient.
[5] In my opinion, the Board's conclusion is reasonably supported by the evidence and there is no basis for judicial intervention in its decision.
[6] The application for judicial review is dismissed. There is no question for certification arising.
ORDER
This application for judicial review is dismissed. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4864-03
STYLE OF CAUSE: NIAZ AHMED
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: THURSDAY, MARCH 24, 2004
REASONS FOR ORDER BY: HENEGHAN, J.
APPEARANCES BY: Mr. Lorne Waldman
For the Applicant
Mr. Greg George
For the Respondent
SOLICITORS OF RECORD: Mr. Lorne Waldman
Waldman & Associates
281 Eglinton Ave, East
Toronto, Ontario
M4P 1L3
For the Applicants
Mr. Greg George
For the Respondent
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF CANADA
Date: 20040705
Docket: IMM-4864-03
BETWEEN:
NIAZ AHMED
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER