Date: 20050428
Docket: IMM-3219-04
Citation: 2005 FC 586
Toronto, Ontario, April 28th, 2005
Present: The Honourable Madam Justice Heneghan
BETWEEN:
YOSUF BABAR
MAHMOOD NIGHAT
HASEEB BABAR
NEHA BABAR
HUDA BABAR
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Yosuf Babar (the "Principal Applicant"), his wife Mahmood Nighat and their infant children Haseeb Babar, Neha Babar and Huda Babar seek judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"), dated March 17, 2004. In its decision, the Board determined that the Principal Applicant and his family are not Convention refugees.
[2] The Principal Applicant, his wife and children Haseeb, Neha and Huda are citizens of Pakistan. He bases his claim for Convention refugee status on a fear of persecution by membership of the Muslim League who commit extortion against businessmen in Pakistan. This claim is also the basis for the claims of his wife and his daughters Neha and Huda. The claim of his infant son Haseeb is based upon the fact that he suffers from Downs' Syndrome, a medical condition for which allegedly inadequate treatment is available in Pakistan. The Board assessed this claim independently.
[3] The Board made negative credibility findings against the Principal Applicant. It described his evidence as vague. It concluded, on the basis of both his oral testimony and the documentary evidence that the Principal Applicant was the victim of extortion and that the extortion schemes were not politically motivated. It found that there was no nexus between these circumstances and the definition of Convention refugee. Accordingly, it rejected his claim.
[4] The Board considered the application of section 97(1)(b) to the Principal Applicant. It concluded that he had failed to rebut the presumption of state protection. In other words, he had failed to show that he was a person at risk.
[5] As noted above, the Board considered the claim of Haseeb Babar independently of this claim of the Principal Applicant. The Board acknowledged the medical reports that demonstrated that broader medical services were available in Canada than in Pakistan for the treatment of Downs' Syndrome. However, section 97(1)(b)(iv) precludes a claim on consolidated grounds which is based upon risk attributable to inadequate health or medical care. It found the lack of health care in Pakistan of the same or equivalent standard as that available in Canada does not support a claim for persecution pursuant to section 97(1)(b).
[6] The Board's findings with respect to the claim for Convention refugee status is reviewable on the grounds of patent unreasonableness; see Conkova v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 300 (T.D.)(Q.L.).
[7] In this case, the Board's conclusion that there was no nexus between the basis of the Principal Applicant's claim to be a Convention refugee and the grounds for claiming such protection, in my opinion, is reasonably supported by the evidence and does not justify judicial intervention.
[8] Likewise, I see no justification for disturbing the Board's conclusion that the Principal Applicant had not demonstrated he was a person in need of protection. The evidence supports the conclusion that he was vulnerable to extortion. That is a matter of criminality and not necessarily a basis for finding persecution. The Board's conclusion in this regard is reasonable.
[9] As for the claim advanced on behalf of Haseeb, I am satisfied that the Board fully appreciated the evidence in that regard. Its conclusion that his claim was barred on the basis of section 97(1)(b)(iv) of IRPA is reasonable and there is no basis for intervention by this Court.
[10] In the result, this application for judicial review is dismissed. There is no question for certification arising.
ORDER
This application for judicial review is dismissed. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT
Name of Counsel and Solicitors of Record
DOCKET: IMM-3219-04
STYLE OF CAUSE: YOSUF BABAR, MAHMOOD NIGHAT,
HASEEB BABAR, NEHA BABAR, HUDA BABAR
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: APRIL 25, 2005
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER AND
ORDER: HENEGHAN J.
DATED: APRIL 28, 2005
APPEARANCES BY:
Ms. Preevanda K. Sapru FOR THE APPLICANTS
Ms. Matina Karvellas FOR THE RESPONDENT
SOLICITORS OF RECORD:
Preevanda K. Sapru
Toronto, Ontario FOR THE APPLICANTS
John H. Sims, Q.C.
Deputy Attorney General
of Canada FOR THE RESPONDENT
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