Gill v. Canada (Minister of Citizenship and Immigration), docket IMM-5933-98

Date: 19990730

Docket: IMM-5933-98

BETWEEN:

     GURMIT SINGH GILL

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

     REASONS FOR ORDER

ROTHSTEIN J.A.

[1]      In spite of the able argument of counsel for the applicant the judicial review must be dismissed. The issue is one of credibility and the panel"s assessment of the evidence.

[2]      Counsel gives alternative interpretations of the evidence than the ones which the panel adopted. However, the Court will not on judicial review reassess credibility assessments or factual findings by the panel.

[3]      Counsel says there are factual findings in the decision about events in India after 1992 that are not in the evidence. However, the evidence contains an extensive list of documents pertaining to India which the applicant was notified would be forwarded to the panel . They were available to the applicant. The dates and the subject matter of the documents indicate that they were the source of the panel"s references in its reasons. While it would have been preferable for the panel to have footnoted its references or made express reference to the documents upon which it relied its failure to do so does not constitute a reviewable error.

[4]      This is not a case for interference by the Court. The judicial review will be dismissed.

     "Marshall Rothstein"

     Judge

Toronto, Ontario

July 30, 1999

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-5933-98

STYLE OF CAUSE:                      GURMIT SINGH GILL

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

DATE OF HEARING:                  THURSDAY, JULY 29, 1999

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              ROTHSTEIN J.A.

DATED:                          FRIDAY, JULY 30, 1999

APPEARANCES:                      Mr. Lorne Waldman

                                 For the Applicant

Mr. Stephen H. Gold

                                 For the Respondent

SOLICITORS OF RECORD:              Jackman, Waldman & Associates

Barristers and Solicitors

281 Eglinton Avenue East

Toronto, Ontario

M4P 1L3

For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General of Canada

                                 For the Respondent

                             FEDERAL COURT OF CANADA

                                 Date:19990730

                        

         Docket: IMM-5933-98

                             Between:

GURMIT SINGH GILL

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

        

                                                                             REASONS FOR ORDER