Federal Court Decisions

Decision Information

Decision Content

Date: 20021113

Docket: IMM-4768-01

Neutral citation: 2002 FCT 1159

BETWEEN:

                                                           HANIF IBRAHIM PATEL

REHANA HANIF PATEL

SUMAIYA HANIF PATEL

YUNUS HANIF PATEL

FATMA HANIF PATEL

Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                            REASONS FOR ORDER

LUTFY A.C.J.

[1]                 Hanif Ibrahim Patel and the other applicants, who are his spouse and their children, are citizens of India. Born in Rwanda to parents of Indian origin, Mr. Patel was raised and remained in Rwanda for most of his life. In 1991, the Patels were married in Rwanda where two of their three children were born.


[2]                 In 1994, the Patel family fled Rwanda to escape the atrocities of that country's civil war. After a short stay in Burundi, where the third child was born, the applicants moved to India to settle permanently. According to Mr. Patel's evidence, after some three months of being subjected to persecutory acts by Hindu fundamentalists for being Muslim new arrivals, the family returned to Rwanda.

[3]                 The Convention Refugee Determination Division concluded that Mr. Patel's evidence was not credible and determined that the applicants were not Convention refugees. In this application for judicial review, counsel for the applicants focussed his argument principally on two of the panel's findings of fact.

[4]                 First, the panel noted the discrepancy in the amount of money allegedly paid to extortionists by Mr. Patel. In his oral testimony, he mentioned an amount double than that indicated in his personal information form. I have reviewed the transcript and am satisfied that the panel's finding was not only reasonable but is further supported by another inconsistency on the same issue in the applicant's affidavit filed with this application for judicial review.

[5]                 Similarly, it was open to the panel to support its negative finding of credibility on the basis of Mr. Patel's failure to disclose in his personal information form that he reported threats he had received to police authorities. Mr. Patel's omission takes on even greater significance upon review of his extensive oral testimony that the police arrested two persons as a result of his complaint.

[6]                 In summary, the applicants have fallen far short of establishing that the decision under review is patently unreasonable. During the hearing, counsel for the applicants abandoned his argument, properly in my view, concerning the panel's finding under subsection 69.1(9.1) of the Immigration Act.

[7]                 Accordingly, this application for judicial review will be dismissed. I agree with both parties that there exists no serious question for certification.

   

                                                                                                                                                    "Allan Lutfy"                                

                                                                                                                                                             A.C.J.

Ottawa, Ontario

November 13, 2002.


                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

  

DOCKET:                                             IMM-4768-01

STYLE OF CAUSE:                           HANIF IBRAHIM PATEL, REHANA HANIF PATEL,

SUMAIYA HANIF PATEL,YUNUS HANIF PATEL AND FATMA HANIF PATEL

                                                                                        Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                     Respondent

PLACE OF HEARING:                     TORONTO

DATE OF HEARING:                       NOVEMBER 5, 2002

REASONS FOR ORDER :              THE ASSOCIATE CHIEF JUSTICE

DATED:                                                NOVEMBER 13, 2002

  

APPEARANCES:                                John M. Guoba

                                                                                                                                  For plaintiff / applicant

Tamrat Gebeyehu

                     For defendant/ respondent

SOLICITORS OF RECORD:          John M. Guoba

2425 Eglinton Avenue East, Ste 211        Toronto, Ontario

M1K 5G8

                                                                                                                            For applicants/respondents

Morris Rosenberg

Deputy Attorney General of Canada

Department of Justice

First Canadian Place, Box 36

Toronto, Ontario

M5X 1N6

                     For defendant/ respondent

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