Date: 19991119
Docket: IMM-474-99
Between:
IQBAL HOSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
[1] This is an application for judicial review of a decision of the Refugee Division that the applicant is not a Convention refugee.
[2] The applicant is a citizen of Bangladesh. He alleges that he has a well-founded fear of persecution because of his political opinions.
[3] The Refugee Division held that the applicant lacked credibility.
[4] The panel based its finding on the applicant's ignorance of significant facts related to the basis of his claim, some contradictions and improbabilities emanating from his testimony, and his vague and evasive conduct during the hearing.
[5] The applicant's counsel has failed to discharge the burden of showing that the panel's unfavourable decision was based on clearly erroneous findings of fact. Not only were a number of items of evidence contradictory, but the applicant testified in a vague way that raised questions about the truthfulness of his story.
[6] As to whether the panel has a duty to confront a claimant in regard to an observed lack of credibility, the case law of this Court is explicit that the Refugee Division, in the circumstances, had no such obligation.1
[7] In view of the standard of judicial review that is applicable to this case, the panel committed no error of fact or of law that would warrant the intervention of this Court.
[8] For these reasons, the application for judicial review is dismissed.
| "Danièle Tremblay-Lamer" |
| J. |
MONTRÉAL, QUEBEC
November 19, 1999
Certified true translation
Martine Brunet, LL.B.
| Federal Court of Canada |
| Trial Division |
| Date: 19991119 |
| Docket: IMM-474-99 |
| Between: |
| IQBAL HOSSAIN |
| Applicant |
| AND |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondent |
| REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET NO: IMM-474-99 |
| STYLE: IQBAL HOSSAIN |
Applicant
AND
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: November 18, 1999 |
REASONS FOR ORDER OF TREMBLAY-LAMER J.
DATED: November 19, 1999
APPEARANCES:
Jayne Davis for the Applicant
Caroline Doyon for the Respondent
SOLICITORS OF RECORD:
Jayne Davis for the Applicant
Montréal, Quebec
| Deputy Attorney General of Canada for the Respondent |
Ottawa, Ontario
__________________1 Danquah v. S.S.C. (November 17, 1994), IMM-105-94 (F.C.T.D.); Matarage v. Canada (M.C.I.) (April 9, 1998), IMM-1987-97 (F.C.T.D.); Ngongo v. Canada (M.C.I.) (October 25, 1999), IMM-6717-98 (F.C.T.D.).