Date: 19980914
Docket: IMM-5170-97
BETWEEN:
ABDUL GHANI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Calgary, Alberta
on Monday, September 14, 1998)
ROTHSTEIN, J.:
[1] The CRDD found that in November, 1994, June, 1995, December, 1995 and April, 1996 the Applicant was, amongst other things, beaten and threatened with long imprisonment. Nevertheless the Panel found that these incidents were harrassment and not persistent or systematic enough to constitute persecution. The Panel also found that if the Applicant could not get a fair trial for flag burning in Pakistan and the outcome is influenced by political considerations, these considerations will favour the Applicant as his party is now in power.
[2] I have difficulty understanding how the Panel could conclude, on the evidence which it appears to have accepted, that the incidents involving the Applicant were not persistent or systematic. I also have difficulty with the Panel's speculation as to the outcome of a politically influenced trial.
[3] The judicial review is allowed and the matter is remitted to a different Panel of the CRDD for redetermination.
"Marshall E. Rothstein"
Judge
Calgary, Alberta
September 14, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980914
Docket: IMM-5170-97
BETWEEN:
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-5170-97
STYLE OF CAUSE: ABDUL GHANI v. THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: September 14, 1998
REASONS FOR ORDER OF ROTHSTEIN, J.:
DATED: September 14, 1998
APPEARANCES:
Mr. Birjinder P. S. Mangat for the Applicant
Mr. W. Brad Hardstaff for the Respondent
SOLICITORS OF RECORD:
Mr. Birjinder P. S. Mangat for the Applicant
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for the Respondent
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