Singh v. Canada (Citizenship and Immigration), docket IMM-2262-96

     IMM-2262-96

B E T W E E N:

     JASWINDER SINGH

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

     REASONS FOR ORDER

RICHARD, J.:

     The applicant seeks to set aside the decision of the Immigration and Refugee Board (the "Board") dated June 13, 1996, wherein the Board determined that the applicant is not a Convention refugee.

     The Board determined that the applicant still had a well-founded fear of persecution in Punjab. However, the Board concluded that an IFA was available and reasonable under all the circumstances pertaining to the applicant.

     The Board's analysis was made in accordance with the applicable jurisprudence. The Board's analysis is based on the two-pronged test in Rasaratnam¹.

     The Board then made a factual determination, based on all the evidence, that it would not be unreasonable for the claimant to seek refuge in some other parts of India, particularly New Delhi. The Board considered that this was a realistic and attainable option for the particular applicant.

     Counsel for the applicant challenged the decision on the ground that the panel had determined that the claimant still had an objectively well-founded fear of persecution, not only in the Punjab, but also in other neighbouring states. In singling out New Delhi as an IFA, the Board clearly did not consider it to fall in that category. Further, New Delhi is located in Delhi.

     It was reasonably open to the Board to reach the determination which it made.

     Accordingly, the application for judicial review is dismissed.

"John D.Richard"

Judge

Toronto, Ontario

April 29, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-2262-96

STYLE OF CAUSE:          JASWINDER SINGH

                     - and -

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

DATE OF HEARING:          APRIL 29, 1997

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR ORDER BY:      RICHARD, J.

DATED:                  APRIL 29, 1997

APPEARANCES:

                     Mr. Thomas R. McIver

                         For the Applicant

                     Mr. Cheryl Mitchell

                         For the Respondent

SOLICITORS OF RECORD:

                     McIver & McIver

                     900-372 Bay Street

                     Toronto, Ontario

                     M5H 2W9

                         For the Applicant

                      George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent

                     FEDERAL COURT OF CANADA

                     Court No.:      IMM-2262-96

                     Between:

                     JASWINDER SINGH

     Applicant

                         - and -

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

     Respondent

                     REASONS FOR ORDER

__________________

¹      Rasaratnam v. M.E.I., [1992] 1 F.C. 706 (C.A.).