Date: 20080215
Docket: IMM-431-07
Citation: 2008 FC 194
Ottawa, Ontario, February 15,
2008
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
ABDUL
RASHEED
Applicant
and
THE MINISTER OF CITIZENSHIP
AND
IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1]
This
is a judicial review of a PRRA decision where the Officer found that there was
no new risk established between the risk examined by the Refugee Protection
Division (RPD) and that alleged in the PRRA.
[2]
The
RPD had rejected the Applicant’s claim based largely upon lack of credibility
of his own testimony as well as the existence of an internal flight alternative
(in this instance, in Islamabad). No application for
leave of the RPD decision was filed.
[3]
Notwithstanding
the valiant efforts of new counsel to rescue the Applicant from the
consequences of the RPD’s decision, using the PRRA decision, I am not
persuaded.
[4]
Whatever
may be said about the Officer’s analysis (and I do not wish to imply that I
agree that it was legally infirmed), the fact remains that no new risk was
submitted in the PRRA decision. A PRRA is not to be a collateral attack on the
RPD decision.
[5]
Therefore,
this judicial review is dismissed. No question for certification exists.
JUDGMENT
THIS COURT
ORDERS AND ADJUDGES that this
application for judicial review is dismissed.
“Michael
L. Phelan”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-431-07
STYLE OF CAUSE: ABDUL
RASHEED
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF
HEARING: Toronto, Ontario
DATE OF
HEARING: December
12, 2007
REASONS FOR JUDGMENT
AND JUDGMENT: Phelan J.
DATED: February
15, 2008
APPEARANCES:
|
Mr. Micheal
Crane
|
FOR THE APPLICANT
|
|
Mr. John
Loncar
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
MR. MICHEAL
CRANE
Barrister
& Solicitor
Toronto,
Ontario
|
FOR THE APPLICANT
|
|
MR. JOHN H.
SIMS, Q.C.
Deputy
Attorney General of Canada
Toronto, Ontario
|
FOR THE RESPONDENT
|
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