Dhot v. Canada (Minister of Citizenship and Immigration)
Court headnote
Dhot v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-08-16 Neutral citation 2001 FCT 881 File numbers IMM-4968-00 Decision Content Date: 20010816 Docket: IMM-4968-00 Ottawa, Ontario, the 16th day of August, 2001 Present: The Honourable Mr. Justice Pinard Between BAKSHISH SINGH DHOT Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ORDER The application for judicial review of a decision of the Refugee Division rendered on August 9, 2000, ruling that the applicant is not a Convention refugee, is dismissed. J. Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. Date: 20010816 Docket: IMM-4968-00 Neutral Citation: 2001 FCT 881 Between BAKSHISH SINGH DHOT Applicant - 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 Division rendered August 9, 2000, ruling that the applicant is not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2. [2] The applicant, 35 years of age, is a citizen of India. He cites a well-founded fear of persecution because of an alleged political opinion. [3] The Refugee Division dismissed the applicant's claim because it thought the major items in his claim were not credible. [4] The applicant's counsel literally cites the poor quality of the translation during the hearing before the Refugee Division in calling fo…
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Dhot v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-08-16 Neutral citation 2001 FCT 881 File numbers IMM-4968-00 Decision Content Date: 20010816 Docket: IMM-4968-00 Ottawa, Ontario, the 16th day of August, 2001 Present: The Honourable Mr. Justice Pinard Between BAKSHISH SINGH DHOT Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ORDER The application for judicial review of a decision of the Refugee Division rendered on August 9, 2000, ruling that the applicant is not a Convention refugee, is dismissed. J. Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. Date: 20010816 Docket: IMM-4968-00 Neutral Citation: 2001 FCT 881 Between BAKSHISH SINGH DHOT Applicant - 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 Division rendered August 9, 2000, ruling that the applicant is not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2. [2] The applicant, 35 years of age, is a citizen of India. He cites a well-founded fear of persecution because of an alleged political opinion. [3] The Refugee Division dismissed the applicant's claim because it thought the major items in his claim were not credible. [4] The applicant's counsel literally cites the poor quality of the translation during the hearing before the Refugee Division in calling for a new hearing before that tribunal. [5] First, the evidence pertaining to the quality of the translation before the Refugee Division is rather weak. It is limited to the affidavit of the applicant, who cites only one or two possible errors in translation and very generally alleges that he had some difficulty during the hearing in understanding the translator. [6] Even supposing that the translation was inadequate, of which I am far from satisfied, it is clear that the applicant could and should have complained at the time of the hearing before the Refugee Division. He raised this grievance for the first time only in his memorandum in support of his application for leave in this case, and I must conclude that the applicant had waived his rights under section 14 of the Canadian Charter of Rights and Freedoms, as the Federal Court of Appeal recently held in a similar matter, Mohammadian v. Canada (M.C.I.), 2001 F.C.A. 191, [2001] F.C.J. no. 916 (QL). [7] Accordingly, the application for judicial review is dismissed. J. OTTAWA, ONTARIO August 16, 2001 Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET NO: IMM-4968-00 STYLE: BAKSHISH SINGH DHOT v. MCI PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: July 11, 2001 REASONS FOR ORDER OF PINARD J. DATED: AUGUST 16, 2001 APPEARANCES: MANUEL CENTURION FOR THE APPLICANT ISABELLE BROCHU FOR THE RESPONDENT SOLICITORS OF RECORD: MANUEL CENTURION MONTRÉAL, QUEBEC FOR THE APPLICANT MORRIS ROSENBERG DEPUTY ATTORNEY GENERAL OF CANADA FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca