Date: 20030207
Docket: IMM-2015-02
Neutral citation: 2003 FCT 137
CALGARY, Alberta, Friday, the 7th day of February, 2003.
Present: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
SYED FAYYAZ AHMED SHAH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of the decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "CRDD"), dated April 24, 2002, wherein the CRDD determined that the Applicant is not a Convention Refugee.
[2] The Applicant, who is a citizen of Pakistan, is a resident of Pakistan Occupied Kashmir. He claimed a well-founded fear of persecution from Pakistani authorities on the basis of participation in the United Kashmiri Peoples National Party (UKPNP), a political party seeking the independence of Kashmir.
[3] The CRDD denied the Applicant's claim because of his poor performance as a witness. The CRDD made a negative credibility finding on the basis of the Applicant's inability to respond, as expected, to questions about the political and social nature of the organization to which he belonged. Indeed, because of his good service, the Applicant held the title of "information secretary" with the UKPNP. As a consequence, the CRDD expected a certain level of performance from the Applicant because he held this position.
[4] Relying heavily on this underlying consideration, the CRDD described the Applicant's evidence as "vague", "evasive", and given with "reticence"; his knowledge of Pakistan and Kashmir current affairs as "weak"; some of his answers to be "odd and perplexing"; and some of his evidence as "inherently suspect" (Decision, pp. 3-4). In my opinion, the problem with reaching these conclusions is that nowhere in the decision does the CRDD state the evidentiary baseline against which the Applicant and his evidence is compared; assumptions, which might very well be erroneous, cannot support the factual findings made.
OR D E R
Accordingly, the CRDD's decision is set aside and the matter referred back for
redetermination by a differently constituted panel.
"Douglas R. Campbell"
JUDGE
Calgary, Alberta
February 7, 2003
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030207
Docket: IMM-2015-02
BETWEEN:
SYED FAYYAZ AHMED SHAH
Applicant
- and -
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2015-02
STYLE OF CAUSE: SYED FAYYAZ AHMED SHAH v. MCI
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: February 7, 2003
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: February 7, 2003
APPEARANCES:
Mr. Birjinder P. S. Mangat FOR APPLICANT
Ms. Tracy King FOR RESPONDENT
SOLICITORS OF RECORD:
Mr. Birjinder P. S. Mangat
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT
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