Date: 20001027
Docket: IMM-5686-99
BETWEEN:
NEZAM UDDIN SYED
(a.k.a. SYED NEZAM UDDIN)
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY, A.C.J.
[1] The Convention Refugee Determination Division did not accept the testimony of the applicant, a citizen of Bangladesh, and concluded that he was not a Convention Refugee.
[2] The applicant's first argument in this application for judicial review is that the panel members did not have an open mind in disposing of the applicant's claim. This submission relies substantially on an exchange between counsel for the applicant and one of the panel members during the oral submissions immediately following the testimony. In my view, much of the exchange complained of by the applicant dealt with the Refugee Division's disposition of refugee claims from citizens of Bangladesh in 1998 and 1999 and, to that extent, was generally irrelevant to the case at hand. After careful review of the transcript, I am satisfied that neither the panel members' questioning of the applicant, even if it could be described as extensive and energetic, nor their comments during oral argument disclose any reasonable apprehension of bias.
[3] The tribunal's finding of lack of plausibility concerning the applicant's allegation that he was asked to loan his truck to the Awami League is most succinctly stated in the following paragraph:
| One of the most problematic aspects of the claimant's testimony, in my view, revolves around the precipitating incident in 1995, that of the Awami League leaders demanding of the claimant that he loan or give use of his trucking services to take Awami League followers to an anti-BNP rally. This aspect of the claimant's testimony I found most implausible. The claimant described his family trucking business as small, utilizing one truck of his father's and two of his uncle's. The claimant stated that people in his neighbourhood knew he was a BNP supporter and that his trucks had been used in the past for BNP rallies and demonstrations. What is not plausible, in my view, is that leaders of the Awami League in 1995 would approach a known BNP business to transport Awami League followers to an anti-BNP rally. It is this single event that the claimant alleges brings the wrath and continuing ire of the Awami League upon his shoulders. |
[4] Again, my review of the panel members' questioning concerning the likelihood of the applicant's political opponents wanting to borrow his truck, does not disclose any reviewable error. The panel's finding of lack of plausibility is also supported in its reasons for decision with an analysis of the principal documents submitted by the applicant to corroborate his claim.
[5] The applicant did not satisfy the tribunal concerning a serious possibility that he would suffer persecution as a result of his membership in the Bangladesh Nationalist Party. Similarly, before this Court, he has failed to establish any reviewable error in the tribunal's negative decision.
[6] Accordingly, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
(Sgd.) "Allan Lutfy"
A.C.J.
October 27, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: Nezam Uddin Syed |
v.
MCI
| PLACE OF HEARING: Vancouver, British Columbia |
| DATE OF HEARING: October 24, 2000 |
| REASONS FOR ORDER OF Lutfy, A.C.J. |
APPEARANCES:
| Mr. Anthony Norfolk For the Applicant |
| Ms. Pauline Anthoine For the Respondent |
SOLICITORS OF RECORD:
Anthony Norfolk
Barrister and Solicitor
| Vancouver, BC For the Applicant |
Morris Rosenberg
Deputy Attorney
| General of Canada For the Respondent |
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