Salehi v. Canada (Minister of Citizenship and Immigration), docket IMM-3812-96

Date: 19980203

Docket: IMM-3812-96

MONTREAL, QUEBEC, THIS 3^rd DAY OF FEBRUARY 1998.

BETWEEN:

     SHAHRAKH SALEHI

     Applicant

     AND:

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

NADON, J.:

[1]      The Applicant seeks to set aside a decision of post-claim determination officer Vincent Agostino dated September 26, 1996

[2]      The Applicant arrived in Canada in January 1994 and claimed refugee status on the ground of a well-founded fear of persecution based on his political opinions. Specifically, the Applicant alleged that he had been a supporter of the Mojahedin -e- Khalq political organization in Iran since 1979, opponents to the Iranian regime.

[3]      On August 8,1995, the refugee division of the Immigration and Refugee Board (the "Board") concluded that he was not a Convention refugee. The Board so concluded because it found the Applicant's evidence not credible.

[4]      On December 6, 1995, the Applicant's application for leave and for judicial review was denied by this Court.

[5]      Pursuant to s. 2 (1) of the Immigration Regulations, the Applicant was deemed to have submitted an application for landing as a member of the post determination refugee claimant in Canada class ("PDRCC").

[6]      In January 1995, the Applicant filed written submissions for consideration by a PDRCC officer. On September 26, 1996, officer Vincent Agostino concluded that he was not a member of the PDRCC. The officer was of the view that the evidence submitted by the Applicant added nothing to that which had been adduced before the Board. The officer stated:

"[l]e demandeur critique beaucoup la décision de la Commission mais ne nous apporte aucun fait nouveau pour justifier la demande actuelle".

[7]      According to officer Agostino, the Applicant failed to clarify the inconsistencies in his evidence as identified by the Board.

[8]      As a result, the officer found no reason why the Applicant could not return to his country.

[9]      Notwithstanding the able arguments of Me Forget for the Applicant, I informed the parties at the hearing that I would be dismissing the application. In my view, officer Agostino made no error, of fact or of law, which would allow me to intervene. There was simply no evidence before the officer which could have allowed him to arrive at a conclusion favourable to the Applicant.

[10]      For these reasons, this application must be denied.

     Marc Nadon

     Judge

     FEDERAL COURT OF TRIAL

Date: 19980203

Docket: IMM-3812-96

BETWEEN:

     SHAHRAKH SALEHI

     Applicant

     AND:

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

    

     REASONS FOR ORDER

    

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NUMBER:          IMM-3812-96

BETWEEN:                  SHAHRAKH SALEHI,

                                     Applicant

                     AND:

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

                    

                                     Respondent

PLACE OF HEARING:          Montreal (Quebec)

DATE OF HEARING:          February 3^rd, 1998

REASONS FOR ORDER BY:      NADON, J.

DATED:                  February 3^rd, 1998

APPEARANCES:              Mr. Martin Forget              for the Applicant

                     Mr. Claude Provencher          for the Respondent

SOLICITORS OF RECORD:

Mr. Martin Forget

Montreal, Quebecfor the Applicant

George Thomson

Deputy Attorney General of Canada

Montreal, Quebec                                  for the Respondent