Federal Court Decisions

Decision Information

Decision Content

Date: 20050119

Docket: IMM-1493-04

Citation: 2005 FC 82

Toronto, Ontario, Wednesday the 19th day of January, 2005

Present:           THE HONOURABLE MR. JUSTICE CAMPBELL                                  

                                                                             

BETWEEN:

                                                                             

QUERESHI, WASEEMUDDIN

QUERESHI, FARZAN WASEEM

QUERESHI, FARAZ WASEEM

QUERESHI RANIA WASEEM

QUERESHI, RUKHSANA HASSAN

Applicants

and

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]                This is a proceeding pursuant to s.72 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 ("the IRPA") for judicial review of the decision of the Refugee Protection Division of the Immigration and Refugee Board (the "RPD"), dated February 4, 2004, wherein the Applicants were not found to be Convention refugees nor persons in need of protection within the meaning of s.96 and s.97 of the IRPA.      


[2]                The Applicants are members of a family from Pakistan who fear persecution on the following grounds: mixed-religion marriage (Waseemuddin (Waseem) Quereshi is Sunni and Rukhsana Quereshi is Shia); Waseem Quereshi's Mohajir background; and, Rukhsana Qureshi's, and daughter Rania's, gender.

[3]                At the conclusion of the hearing before the RPD, it was agreed that the claims would be determined on the basis of written submissions filed by Counsel for the Applicants. In the present application, the primary argument advanced by Counsel for the Applicants is that the RPD's decision should be set aside because the written submissions filed were apparently completely ignored.

[4]                The arguments produced by Counsel for the Applicants call for a determination as to whether, on an objective basis, the Applicants would suffer more than a mere possibility of persecution on each of the generalized grounds claimed. Extensive documentary evidence was produce to substantiate discrimination in Pakistan on each of the grounds, and a corresponding highly detailed argument was produced in support of each. On this basis, I find that the RPD was properly expected to provide responsive, comprehensive reasons for decision.


[5]                Counsel for the Applicants frames the objection to the RPD 's decision as a breach of due process. Counsel argues that the cryptic seven-and-a-half page decision is so unresponsive to the extensive generalized objective fear evidence and arguments tendered, it works an unfairness in of itself.

[6]                After careful scrutiny of the RPD's decision, I agree.

[7]                In my opinion, the off-hand nature of the RPD 's decision does not meet the standard of due process expected of a professionalized tribunal in response to serious generalized claims such as the ones presented in the present case. As a result I find that the decision is made in reviewable error.

ORDER

Accordingly, I set aside the RPD's decision and refer this matter back to a differently constituted panel for redetermination.            

"Douglas R. Campbell"

                                                                                                                                                   J.F.C.                        


                                                FEDERAL COURT OF CANADA

                                     Names of Counsel and Solicitors of Record

DOCKET:                                           IMM-1493-04

STYLE OF CAUSE:               QUERESHI, WASEEMUDDIN

QUERESHI, FARZAN WASEEM

QUERESHI, FARAZ WASEEM

QUERESHI RANIA WASEEM

QUERESHI, RUKHSANA HASSAN

                                                                                                                                            Applicants

and

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                                                          Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       JANUARY 19, 2005

REASONS FOR ORDER

AND ORDER BY:                             CAMPBELL J.

DATED:                                              JANUARY 19, 2005   

APPEARANCES BY:            

Randolph K. Hahn                                 For the Applicant

Kareena Wilding                                    For the Respondent

SOLICITORS OF RECORD:          

Randolph K. Hahn

Guberman, Garson                                For the Applicant

John H. Sims Q.C.

Deputy Attorney General of Canada      For the Respondent


FEDERAL COURT OF CANADA

                               Date: 20050119

                                 Docket: IMM-1493-04

BETWEEN:

QUERESHI, WASEEMUDDIN

QUERESHI, FARZAN WASEEM

QUERESHI, FARAZ WASEEM

QUERESHI RANIA WASEEM

QUERESHI, RUKHSANA HASSAN

                                                                Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                             Respondent

                                                 

REASONS FOR ORDER

AND ORDER

                                                 


 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.