Date: 20010816
Docket: IMM-4968-00
Ottawa, Ontario, the 16th day of August, 2001
Present: The Honourable Mr. Justice Pinard
Between
BAKSHISH SINGH DHOT
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The application for judicial review of a decision of the Refugee Division rendered on August 9, 2000, ruling that the applicant is not a Convention refugee, is dismissed.
J.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20010816
Docket: IMM-4968-00
Neutral Citation: 2001 FCT 881
Between
BAKSHISH SINGH DHOT
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
[1] This is an application for judicial review of a decision of the Refugee Division rendered August 9, 2000, ruling that the applicant is not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2.
[2] The applicant, 35 years of age, is a citizen of India. He cites a well-founded fear of persecution because of an alleged political opinion.
[3] The Refugee Division dismissed the applicant's claim because it thought the major items in his claim were not credible.
[4] The applicant's counsel literally cites the poor quality of the translation during the hearing before the Refugee Division in calling for a new hearing before that tribunal.
[5] First, the evidence pertaining to the quality of the translation before the Refugee Division is rather weak. It is limited to the affidavit of the applicant, who cites only one or two possible errors in translation and very generally alleges that he had some difficulty during the hearing in understanding the translator.
[6] Even supposing that the translation was inadequate, of which I am far from satisfied, it is clear that the applicant could and should have complained at the time of the hearing before the Refugee Division. He raised this grievance for the first time only in his memorandum in support of his application for leave in this case, and I must conclude that the applicant had waived his rights under section 14 of the Canadian Charter of Rights and Freedoms, as the Federal Court of Appeal recently held in a similar matter, Mohammadian v. Canada (M.C.I.), 2001 F.C.A. 191, [2001] F.C.J. no. 916 (QL).
[7] Accordingly, the application for judicial review is dismissed.
J.
OTTAWA, ONTARIO
August 16, 2001
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: IMM-4968-00
STYLE: BAKSHISH SINGH DHOT v. MCI
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: July 11, 2001
REASONS FOR ORDER OF PINARD J.
DATED: AUGUST 16, 2001
APPEARANCES:
MANUEL CENTURION FOR THE APPLICANT
ISABELLE BROCHU FOR THE RESPONDENT
SOLICITORS OF RECORD:
MANUEL CENTURION
MONTRÉAL, QUEBEC FOR THE APPLICANT
MORRIS ROSENBERG
DEPUTY ATTORNEY GENERAL
OF CANADA FOR THE RESPONDENT
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