IMM-981-97
B E T W E E N:
SAMSAM MORADI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario,
on Thursday, September 18, 1997 as edited)
ROTHSTEIN, J.:
The decision of the Convention Refugee Determination Division (the "CRDD") in this judicial review is attacked on the grounds that the panel erred in its credibility determination by not having regard to the evidence before it and because of the inadequacy of interpretation.
With regard to the second ground, some examples of difficulty in interpretation were identified. However none of the examples appear to go to the root of the issues before the panel. An applicant has an obligation to demonstrate that the interpretation difficulties had a material effect on the decision that was rendered. That is not the case here.
With respect to the credibility findings of the panel, while the matter is not beyond doubt, I am not satisfied that this is a case in which the Court should interfere. One of the arguments made by the applicant is that with respect to a raid on his house in Iran, his speculation having to do with his former military career under the Shah should not have been taken seriously by the panel but that his later evidence that the reason for the raid was his alleged smuggling of people out of Iran should have been accepted. The panel did find his position not credible with respect to his reference to his former military career in view of the fact he had not been affected for some 15 or more years, and that he had been allowed to leave the country and return, and do things that a person that might be seriously under suspicion by the government would not be allowed to do. However, in the applicant's personal information form, he says that his initial reason for fearing persecution is his former military career. Therefore, I do not think it was unreasonable for the panel to have regard to that reason in making its credibility finding.
The other credibility finding that was of importance to the panel related to how the applicant could rely upon his wife to produce $8,000. U.S. for him to flee Turkey while, she herself, would not use the money to leave Iran with her child. While there was an explanation given by the applicant, the panel was not satisfied with it and its dissatisfaction was not unfounded.
For these reasons the judicial review will be dismissed.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
September 18, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-981-97
STYLE OF CAUSE: SAMSAM MORADI
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: SEPTEMBER 18, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: SEPTEMBER 18, 1997
APPEARANCES:
Ms. Angela Lin
For the Applicant
Ms. Lori Hendriks
For the Respondent
SOLICITORS OF RECORD:
Angela Y. Lin
Barrister & Solicitor
Suite 502, 164 Eglinton Avenue East
Toronto, Ontario
M4P 1J4
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-981-97
Between:
SAMSAM MORADI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER