Date: 20020710
Docket: IMM-3223-01
Neutral citation: 2002 FCT 769
BETWEEN:
MOHAMMAD SAEED SHEIKH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Calgary, Alberta
on July 10, 2002)
ROTHSTEIN, J.A. (ex officio)
[1] Mr. Sherritt, in spite of your able argument, this is not a case in which the Court can interfere with the Board's decision. The deference the Court must extend to credibility determinations of the Board is very great.
[2] The Board's credibility determinations were based on a number of specific examples in the evidence. And indeed it does appear that the Applicant's evidence change as he went through this evidence.
[3] While there are explanations offered for the Applicant's evidence and why the Board should not have found him not to be credible, it is the duty of the Board to make credibility findings. The explanations given do not demonstrate a palpable or overriding error by the Board that would warrant interference by this Court.
[4] The judicial review will be dismissed.
"Marshall E. Rothstein"
J. A.
Calgary, Alberta
July 10, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020710
Docket: IMM-3223-01
BETWEEN:
MOHAMMAD SAEED SHEIKH
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: IMM-3223-01
STYLE OF CAUSE: MOHAMMAD SAEED SHEIKH
v. MCI
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: July 10, 2002
REASONS FOR ORDER : ROTHSTEIN, J.A. (ex officio)
DATED: July 10, 2002
APPEARANCES:
Mr. G. Michael Sherritt FOR APPLICANT
Ms. Tracy King FOR RESPONDENT
SOLICITORS OF RECORD:
Sherritt Greene
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General
of Canada FOR RESPONDENT
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