Choudry v. Canada (Minister of Citizenship and Immigration), 2003 FCT 557

Date: 20030506

Docket: IMM-2149-02

Citation: 2003 FCT 557

Ottawa, Ontario, this 6^th day of May, 2003

Present:           THE HONOURABLE MR. JUSTICE O'REILLY                          

BETWEEN:

                                          MOHAMMAD AZMAT FARIED CHOUDRY

                                                                                                                                                       Applicant

                                                                              - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                      REASONS FOR JUDGMENT AND JUDGMENT

[1]                 Mr. Choudry is Shia Muslim and a former resident of Lahore, Pakistan. He claimed refugee status in Canada on the ground that he was persecuted by an extremist Sunni Muslim organization called the Sipah-e-Shaba (the "SSP"). He says he was singled out for mistreatment by the SSP because of his membership in a Shia organization called Tehreek-E-Jaffria (the "TJP").

[2]                 His claim for refugee status was rejected by the Immigration and Refugee Board primarily on the grounds that he had failed to establish his membership in the TJP. He argues that the Board made a serious error in its fact-finding on that issue and that the Court should grant him a new hearing.

[3]                 Mr. Choudry introduced documentary evidence to support his contention that he was a member of the TJP. He supplied a letter purported to be signed by the Secretary General of the TJP, a Mr. Raza, in Tehsil City of Lahore. The Board attempted to verify the authenticity of the letter by sending it to the Specific Information Research Unit which, in turn, forwarded it to Mr. Syed Razi Uddin Rivzi, the Secretary General of the TJP in Rawalpindi. Mr. Rivzi responded by saying that Mr. Choudry was not a member of the TJP and that Mr. Raza's letter was "bogus". Mr. Choudry rightly points out that it was not entirely clear whether Mr. Rivzi was the head of the Rawalpindi branch of the TJP or the entire organization. Mr. Choudry was given an opportunity to respond to Mr. Rivzi's letter and he did so by introducing a second letter from Mr. Raza.

[4]                 In the result, the Board found that Mr. Choudry had not proved his membership in the TJP. Given that his TJP profile was at the very foundation of his allegations of persecution, the Board dismissed his refugee claim. The Board also found that there were other problems in Mr. Choudry's claim - including credibility and delay - but its main conclusion was in relation to the issue of membership in the TJP.

[5]                 The Board had before it clear evidence on which to make a negative finding in relation to Mr. Choudry's claim of membership in the TJP. While it is possible that Mr. Rivzi's responsibilities were primarily in Rawalpindi, it was for the Board to decide what weight to give the evidence that emanated from him. I cannot find any serious error in its conclusion that Mr. Choudlry's claim had not been established.

[6]                 Accordingly, this application for judicial review must be dismissed. No question of general importance was proposed for certification and none is stated.

                                                                        JUDGMENT

IT IS HEREBY ADJUDGED THAT:

1.          The application for judicial review is dismissed. No question of general importance is stated.

                                                                                                                                      "James W. O'Reilly"         

                                                                                                                                        J.F.C.C                   .

                                                        FEDERAL COURT OF CANADA

                          NAMES OF SOLICITORS AND SOLICITORS OF RECORD

DOCKET:                                             IMM-2149-02

STYLE OF CAUSE:                           MOHAMMAD AZMAT FARIED CHOUDRY

                                                                                                                                                         Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                                                                     Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       WEDNESDAY, APRIL 30, 2003

REASONS FOR JUDGMENT

AND JUDGMENT BY:                     THE HONOURABLE MR. JUSTICE O'REILLY

DATED:                                                May 6, 2003                   

APPEARANCES BY:

Mr. John Savaglio                                  FOR THE APPLICANT

Ms. Amina Riaz                                     FOR THE RESPONDENT

SOLICITORS OF RECORD:         

Mr. John Savaglio

Barrister and Solicitor

1919 Brookshire Square

Pickering, Ontario L1V 6L2                  FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, ON                                           FOR THE RESPONDENT