Date: 19980831
Docket: IMM-5042-97
BETWEEN:
KAMRUZZAMAN MOLLA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Thursday, August 27, 1998 as edited)
ROTHSTEIN, J.:
[1] Mr. Wong, in spite of your excellent submissions, I am not persuaded that this is a case in which the Court should interfere with the panel's decision. You have agreed that you must satisfy the Court that the panel erred in its credibility findings, in its state protection finding and in its changed country conditions finding.
[2] Although you have pointed out a number of instances in which the panel could have expressed itself more clearly I am not satisfied that those instances demonstrate that it did not have a grasp of the evidence before it. Its decision not to believe the applicant is, I believe, reasonably grounded in the evidence. I cannot say that this is a case where the panel ignored evidence or made findings of credibility not based on the record.
[3] The judicial review must be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 31, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5042-97
| STYLE OF CAUSE: KAMRUZZAMAN MOLLA |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: THURSDAY, AUGUST 27, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: MONDAY, AUGUST 31, 1998
APPEARANCES:
Mr. Ian Wong
For the Applicants
Mr. Brian Frith
For the Respondent
SOLICITORS OF RECORD: Bush, White and Wong
Barristers & Solicitors
6 Adelaide Street East, 10th Floor
Toronto, Ontario
M5C 1H6
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980831
Docket: IMM-5042-97
Between:
| KAMRUZZAMAN MOLLA |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER