Akhtar v. Canada (Minister of Citizenship and Immigration)

Akhtar v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2004-02-03
Neutral citation
2004 FC 156
File numbers
IMM-5292-02
Decision Content
Date: 20040203
Docket: IMM-5292-02
Citation: 2004 FC 156
Between:
NASRIN AKHTAR
MASOOD KHAN
SMAA NASRIN
AISHA NASRIN
Applicants
- 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 Protection Division of the Immigration and Refugee Board (the "Board") dated October 7, 2002, wherein the Board found that the applicants are not Convention refugees or "persons in need of protection" as defined in sections 96 and 97 respectively of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] The applicant, Nasrin Akhtar, is a citizen of Pakistan and is accompanied by her three minor children: Masood Khan, Smaa Nasrin and Aisha Nasrin.
[3] The Board found that the applicants were not Convention refugees or "persons in need of protection" because it found that they were not credible. The applicants argue that the Board's conclusions are unreasonable and arbitrary.
[4] In this case, the Board seriously questioned the applicants' allegations pertaining to the context in which the alleged persecution occurred. For example, on the basis of documentary evidence the Board found that the applicant had not voted in the three elections as alleged. In addition, the Board found it implausible that the applicant's husband did not seek medical or legal help with respect to the many instances of persecution. These findings were central to the applicants' claim because they put into question the basis of their fear of persecution. The Board clearly explained its reasons for doubting the applicants' credibility on the basis of these discrepancies.
[5] The applicants argue that the Board ignored important evidence supporting the applicant's case, specifically the letter from the Pakistan Peoples Party leader corroborating the applicant's alleged persecution. It has been established that a tribunal must be presumed to have considered all of the evidence that was presented to it, and it is not obligated to mention in its reasons all the evidence it has taken into account before rendering its decision (Taher v. Canada (M.C.I.), [2000] F.C.J. No. 1433 (T.D.) (QL)). Nothing suggests that this letter is based on anything more than the applicants' questionable allegations, and since there is nothing to suggest that the Board did not consider this letter, I find that the Board did not err on this point. The applicants further argue that the Board could not prefer the documentary evidence over the applicant's testimony that she voted in the three elections. Given the specificity of the voting procedures in Pakistan, and the fact that the evidence directly refutes the applicant's allegations, the Board could prefer documentary evidence over the applicant's testimony in this case. Indeed, the assessment and the weight to be given documents is a matter within the discretion of the tribunal assessing the evidence (Aleshkina v. Canada (M.C.I.), [2002] F.C.J. No. 784 (T.D.) (QL)). A review of the Board's decision and the hearing transcripts reveals that the Board appropriately considered all of the evidence before rendering its decision.
[6] For the reasons outlined above, I am of the opinion that the Board committed no reviewable error in its disposition of this case. The applicants have failed to show that the Board made a patently unreasonable decision. The application for judicial review is therefore dismissed.
JUDGE
OTTAWA, ONTARIO
February 3, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5292-02
STYLE OF CAUSE: NASRIN AKHTAR, MASOOD KHAN, SMAA NASRIN, AISHA NASRIN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 16, 2003
REASONS FOR ORDER BY: The Honourable Mr. Justice Pinard
DATED: February 3, 2004
APPEARANCES:
Me Viken Artinian FOR THE APPLICANTS
Me Sherry Rafai Far FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jeffrey Nadler FOR THE APPLICANTS
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario