Date: 20100429
Docket: IMM-4963-09
Citation: 2010
FC 473
Toronto, Ontario, April 29, 2010
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
hassan shakil
Applicant
and
the
minister of citizenship and immigration
Respondent
REASONS FOR ORDER AND ORDER
[1]
The
present Application concerns a negative Pre-Removal Risk Assessment with
respect to the Applicant who is a citizen of Pakistan. In March 2009, the Applicant was
determined to be inadmissible to Canada
under s. 34(1)(f) of the IRPA as a result of the Applicant’s membership
in the MQM-Haqiqi (MQM-H), an organization that has engaged in terrorism.
[2]
The issue
before the PRRA Officer was whether the Applicant would be at risk under s. 97
of the IRPA if he returns to Pakistan.
In support of a positive determination on his PRRA application, the Applicant
tendered a letter, the contents of which is as follows:
June 17, 2009
TO WHOM IT MAY CONCERN
Mr. Hassan Shakil recently contacted this
organization from Canada and told that he was likely
to be deported from there on grounds that he had links with a faction of former
Muhajir Qaumi Movement (MQM) Haqiqi group. Mr. Hassan was very upset about his
security in Pakistan in the event he is ordered to
leave Canada. After listening to his
ordeal, I would like to elaborate briefly on the current law and order
situation of Pakistan.
Pakistan in general and Karachi in particular has become a
hub of racial, religious and sectarian strife. MQM is at centre stage of this
unrest. MQM (Altaf) being the most powerful faction and member of the ruling
coalition is bent upon killing all those whom they even suspect of having
affiliation with their splinter groups like MQM (Haqiqi). More than 30
innocent people have been killed by the goons of MQM (A). Mr. Hassan who is
alleged to have connections with MQM (H) will definitely become a victim of the
opposing faction’s retribution.
In the given circumstances, no
governmental or non-governmental organization is in a position to provide security
to Mr. Hassan consequent upon his return to Pakistan, as the situation is quite volatile and
challenging. I will therefore strongly urge him to remain away from Pakistan in order to secure his life
and that of his family.
If any further information is needed, I
can be reached at the numbers given above or through email.
ARIF DAWOOD
Coordinator
[Emphasis added]
[3]
As a
central feature of the present Application, Counsel for the Applicant argues
that the PRRA Officer failed to consider critical contents of the letter in
reaching the decision under review. With respect to this argument, the passage
from the PRRA Officer’s reasons is as follows:
The June 17, 2009 letter from Arif Dawood
provides statements regarding the volatile and challenging security situation
in Karachi. I acknowledge that Arif
Dawood has expert knowledge of the present security situation in Karachi, as he
is the coordinator of the Dawood Khursheed Memorial (International) Foundation
in Karachi, and I acknowledge that the number of political party worker deaths
is corroborated by the presented documentation and by my additional research;
however, I note that those murdered due to their associations with MQM-Haqiqi
faction in early June 2009 are described as leaders or workers of the political
party faction. I find that these documents present sufficient objective
evidence to demonstrate that the authorities in the Islamic Republic of
Pakistan have taken action to end the Karachi
violence.
[4]
On a
comparison of the letter and the reasons for decision provided, I agree with
Counsel for the Applicant. In my opinion, the critical contents of the letter with
respect to the Applicant’s risk, as emphasised in the quotation of the letter
above, did not form part of the evidence upon which the PRRA decision was rendered.
As a result I find that the decision was rendered in reviewable error.
ORDER
Accordingly, I set aside the
decision under review and refer the matter back to a differently constituted
panel for re-determination.
There is no question to
certify.
“Douglas R. Campbell”
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