Date: 19981125
Docket: IMM-5252-97
OTTAWA, ONTARIO, WEDNESDAY, NOVEMBER 25, 1998
PRESENT: THE HONOURABLE MR. JUSTICE ROTHSTEIN
BETWEEN:
BASSIRAT KESHVARGOSHAI HOMAYOUNI
PEGAH YAFTABADI
PAYAM YAFTABADI
APPLICANTS
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
RESPONDENT
ORDER
The judicial review is dismissed.
Marshall Rothstein
J U D G E
Date: 19981125
Docket: IMM-5252-97
BETWEEN:
BASSIRAT KESHVARGOSHAI HOMAYOUNI
PEGAH YAFTABADI
PAYAM YAFTABADI
APPLICANTS
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
RESPONDENT
REASONS FOR ORDER
ROTHSTEIN J.:
[1] On the request of the respondent and on the consent of the applicant, this judicial review was considered on the written material.
[2] The applicants raised two issues. The first is that the panel ignored the evidence of the husband of the female applicant. However, the husband's evidence was referred to in the panel's reasons. The female applicant was found not to be credible. Much of the husband's evidence addressed why he might have a well-founded fear of persecution. However, the female applicant was found not to be credible and the husband's evidence did not provide any substantial reason as to why the credibility finding was incorrect.
[3] The second issue is that the children's claim was based on the mother's claim rather than being treated independently by the panel. I take their argument to be that the children were Christian in their own right and would be persecuted or killed on their return to Iran irrespective of the mother's circumstances. The panel found that the mother's claim to be a Christian was not bona fide. In respect of the children, the panel did not accept that they practice Christianity. This was a finding that was open to them.
[4] There is no basis for judicial intervention here. The judicial review is dismissed.
Marshall Rothstein
J U D G E
OTTAWA, ONTARIO
NOVEMBER 25, 1998
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-5252-97
STYLE OF CAUSE: BASSIRAT KESHVARGOSHAI HOMAYOUNI and others v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES REASONS FOR ORDER OF the Honourable Mr. Justice Rothstein
DATED: November 25, 1998 WRITTEN REPRESENTATIONS BY:
Mr. Alexander C. W. MacIntosh FOR THE APPLICANTS
Mr. Jonathan D. N. Tarlton FOR THE RESPONDENT Mr. David Hansen
SOLICITORS ON THE RECORD:
Kenneth MacInnis Associates FOR THE APPLICANTS Halifax, Nova Scotia
Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada