Date: 19980605
Docket: IMM-3571-97
BETWEEN:
GURPREET SINGH PANDHAR
Applicant
- and -
THE MINISTER OF CITIZENSHIP
& IMMIGRATION
Respondent
REASONS FOR ORDER
WETSTON, J.:
1� The Board found that the Applicant has a well-founded fear of persecution in the Punjab. However, the Board found an IFA was available to him outside of the Punjab. I am of the opinion that the Board's assessment of credibility was not from the perspective of his fear of persecution in the Punjab but rather these findings flow from his release from custody and pursuit outside the Punjab.
[2] The first issue is whether or not the Board believed that he was a militant and therefore on a police list. It is clear from the reasons that the persecution finding was based upon the Applicant providing food to militants not being a militant in and of itself. The Board concluded he would not be considered a militant and therefore on a police list. I believe that this is a finding that is open to the Board to make. While it is evident that what is critical is what the police believe, it is the responsibility of the Board to make that finding.
[3] The Board simply found that the police would not have persecuted the Applicant for being a militant because he provided food and shelter to the militants. This finding was open to them on the evidence. Moreover, given this conclusion I see no basis to suggest that the Board erred in preferring the documentary evidence over the evidence of the Applicant with respect to being in the category of persons at risk.
[4] While the Board's references to not receiving letters from a village elder and doctor appear inconsistent with the finding of persecution in the Punjab, it is not central to the Board's finding.
[5] Accordingly, there is no basis for this Court to intervene in this matter and the application for judicial review is dismissed. No question for certification was proposed.
Judge
Toronto, Ontario
June 5, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3571-97
STYLE OF CAUSE: GURPREET SINGH PANDHAR
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: JUNE 3, 1998
PLACE OF HEARING: CALGARY, ALBERTA
REASONS FOR ORDER BY: WETSTON, J.
DATED: JUNE 5, 1998
APPEARANCES: Mr. Charles Darwent
For the Applicant
M. W. Brad Hardstaff
For the Respondent
SOLICITORS OF RECORD: Darwent Law Office
640, 1010 - 1st Street
Calgary, Alberta
T2R 1K4
For the Applicant
George Thomson
Deputy Attorney General of Canada
Department of Justice
Edmonton Regional Office
211 Bank of Montreal
10199-101 Street
Edmonton, Alberta
T5J 3Y4
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980605
Docket: IMM-3571-97
Between:
GURPREET SINGH PANDHAR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER