Sheikh v. Canada (Minister of Citizenship and Immigration)
Court headnote
Sheikh v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-07-10 Neutral citation 2002 FCT 769 File numbers IMM-3223-01 Decision Content Date: 20020710 Docket: IMM-3223-01 Neutral citation: 2002 FCT 769 BETWEEN: MOHAMMAD SAEED SHEIKH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER (Delivered from the Bench at Calgary, Alberta on July 10, 2002) ROTHSTEIN, J.A. (ex officio) [1] Mr. Sherritt, in spite of your able argument, this is not a case in which the Court can interfere with the Board's decision. The deference the Court must extend to credibility determinations of the Board is very great. [2] The Board's credibility determinations were based on a number of specific examples in the evidence. And indeed it does appear that the Applicant's evidence change as he went through this evidence. [3] While there are explanations offered for the Applicant's evidence and why the Board should not have found him not to be credible, it is the duty of the Board to make credibility findings. The explanations given do not demonstrate a palpable or overriding error by the Board that would warrant interference by this Court. [4] The judicial review will be dismissed. "Marshall E. Rothstein" J. A. Calgary, Alberta July 10, 2002 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020710 Docket: IMM-3223-01 BETWEEN: MOHAMMAD SAEED SHEIKH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASON…
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Sheikh v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-07-10 Neutral citation 2002 FCT 769 File numbers IMM-3223-01 Decision Content Date: 20020710 Docket: IMM-3223-01 Neutral citation: 2002 FCT 769 BETWEEN: MOHAMMAD SAEED SHEIKH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER (Delivered from the Bench at Calgary, Alberta on July 10, 2002) ROTHSTEIN, J.A. (ex officio) [1] Mr. Sherritt, in spite of your able argument, this is not a case in which the Court can interfere with the Board's decision. The deference the Court must extend to credibility determinations of the Board is very great. [2] The Board's credibility determinations were based on a number of specific examples in the evidence. And indeed it does appear that the Applicant's evidence change as he went through this evidence. [3] While there are explanations offered for the Applicant's evidence and why the Board should not have found him not to be credible, it is the duty of the Board to make credibility findings. The explanations given do not demonstrate a palpable or overriding error by the Board that would warrant interference by this Court. [4] The judicial review will be dismissed. "Marshall E. Rothstein" J. A. Calgary, Alberta July 10, 2002 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020710 Docket: IMM-3223-01 BETWEEN: MOHAMMAD SAEED SHEIKH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3223-01 STYLE OF CAUSE: MOHAMMAD SAEED SHEIKH v. MCI PLACE OF HEARING: CALGARY, Alberta DATE OF HEARING: July 10, 2002 REASONS FOR ORDER : ROTHSTEIN, J.A. (ex officio) DATED: July 10, 2002 APPEARANCES: Mr. G. Michael Sherritt FOR APPLICANT Ms. Tracy King FOR RESPONDENT SOLICITORS OF RECORD: Sherritt Greene Calgary, Alberta FOR APPLICANT Morris Rosenberg Deputy Attorney General of Canada FOR RESPONDENT
Source: decisions.fct-cf.gc.ca