Date: 20031016
Docket: IMM-5618-02
Citation: 2003 FC 1201
Toronto, Ontario, October 16th, 2003
Present: The Honourable Madam Justice Tremblay-Lamer
BETWEEN:
CHUGH NANIK
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board") dated October 23, 2002, wherein the Board determined that Nanik Chugh (the "applicant") was not a Convention refugee.
[2] The applicant is a Pakistani national. He travelled to Canada in June 2000, left and came back twice and then claimed refugee status in January 2001. He based his claim on threats and an alleged attack on his office by Muslims extremists.
[3] Irrespective of the non-credibility finding the Board found that there was no objective basis to the applicant's claim of being attacked and threatened with death by Hindu-hating Muslim fanatics. Nowhere in his argumentation does the applicant dispute this finding. It is therefore not open for review by this Court.
[4] In order for a refugee claim to be successful, the applicant must demonstrate that, in addition to having a true subjective fear of persecution, there is an objective basis for this fear. Both requirements must be met before a Convention refugee status can be conferred onto an applicant (Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689).
[5] Since the applicant does not meet the requirement that there exists an objective fear of persecution, he will not meet Ward's bipartite test; his claim for refugee status cannot succeed. It is therefore unnecessary to review the Board's determination of credibility.
[6] For these reasons, the application for judicial review is dismissed.
ORDER
THIS COURT ORDERS that the application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-5618-02
STYLE OF CAUSE: CHUGH NANIK
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: OCTOBER 15, 2003
REASONS FOR ORDER
AND ORDER BY: TREMBLAY-LAMER, J.
DATED: OCTOBER 16, 2003
APPEARANCES BY: Mr. M. Max Chaudhary
For the Applicant
Mr. Stephen Jarvis
For the Respondent
SOLICITORS OF RECORD:
M. Max Chaudhary
Barrister and Solicitor
Chaudhary Law Office
Toronto, Ontario
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20031016
Docket: IMM-5618-02
BETWEEN:
CHUGH NANIK
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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