Date: 20050224
Docket: IMM-1687-04
Citation: 2005 FC 288
BETWEEN:
MASOOD SADIQ KHAWAJA
NAILA MASOOD
AHMAD MUSTAFA KHAWAJA
TAJWAR MASOOD
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
PHELAN J.
OVERVIEW
[1] The Applicant, his wife and two minor children were found not to be refugees or persons in need of protection because the Applicant did not have a subjective fear of persecution or harm. His pattern of travel, his regular re-availment and his failure to seek asylum in the United States during his stay in that country from August 2001 to February 2003 were significant factors in the Board's findings.
BACKGROUND
[2] The Applicant, a Shia follower of Pakistani citizenship, claimed fear of persecution if he and his family were returned to Pakistan. He claimed that he had received threats from Sunni militants in 1997, that his wife and children were attacked by SSP members in November 1999, that he was secretly detained by the army in June 2000 and threatened with death by Sunnis in January 2001.
[3] Between 1998 and his last departure from Pakistan in 2001, the Applicant and his family made several trips abroad, always returning to Pakistan.
[4] The Applicant and his family left Pakistan in August 2001 to go to the United States where the Applicant had business ties. His business failed. September 11 happened, creating a new tension for Muslims. The Applicant came to Canada in February 2003.
[5] The Immigration and Refugee Board (Board) found that the Applicant did not have any difficulties because of his religion nor would he encounter problems if he were returned to Pakistan. The Board noted the numerous examples of re-availment during the same period that the alleged persecutorial incidents were occurring.
[6] The Board did not accept the Applicant's explanation that, while in the United States, he had intended to return to Pakistan when conditions changed - he and his wife had attempted to secure the equivalent of permanent resident status and only came to Canada when the application failed.
ANALYSIS
[7] The Board's decision is brief but that does not make it, in itself, susceptible to judicial review. The Applicants, in effect, wishes this Court to re-weigh the evidence and make credibility findings.
[8] While the IRB's reasons suggest some confusion over the evidence or lack of evidence of religious problems, whatever error may be alleged does not undermine the Board's overall assessment of the Applicants' case.
[9] Central to the Board's conclusion of lack of subjective fear is the regular re-availment by the Applicant. The Applicant's actions were inconsistent with a subjective fear. The Board acted reasonably in not accepting the Applicant's contention.
[10] Therefore the Court finds that there is no reason to review the Board's decision.
[11] This application for judicial review will be dismissed. There is no question to be certified.
(s) "Michael L. Phelan"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1687-04
STYLE OF CAUSE: MASOOD SADIQ KHAWAJA, NAILA MASOOD, AHMADMUSTAFA KHAWAJA, TAJWAR MASOOD v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: January 13, 2005
REASONS FOR ORDER: Phelan J.
DATED: February 24, 2005
APPEARANCES:
Mr. Birjinder P.S. Mangat FOR THE APPLICANTS
Mr. H. Brad Hardstaff FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Birjinder P.S. Mangat
Barrister & Solicitor
Calgary, Alberta FOR THE APPLICANTS
Mr. John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
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