Iqbal v. Canada (Minister of Citizenship and Immigration)

Iqbal v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2001-07-12
Neutral citation
2001 FCT 753
File numbers
IMM-5015-00
Decision Content
Date: 20010712
Docket: IMM-5015-00
Ottawa, Ontario, the 12th day of July, 2001
Present: The Honourable Mr. Justice Pinard
Between:
MOHAMMED SARFRAZ IQBAL
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The application for judicial review of the decision rendered on August 20, 2000 by the Refugee Division, ruling that the applicant is not a Convention refugee, is dismissed.
J.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20010712
Docket: IMM-5015-00
Neutral Citation: 2001 FCT 753
Between:
MOHAMMED SARFRAZ IQBAL
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
[1] This is an application for judicial review of the decision rendered on August 20, 2000 by the Refugee Division, 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, (the "Act").
[2] The applicant, a citizen of Pakistan, aged 38, alleged in the Refugee Division that he had a fear of persecution in his country for reasons of his political opinions and his status as a member of a social group, the Pakistan People's Party.
[3] The Refugee Division held that the applicant had not presented any credible evidence in support of his claim.
[4] At the hearing before me, counsel for the applicant stated that she was no longer disputing the panel decision refusing the applicant refugee status as defined in subsection 2(1) of the Act. However, referring the Court to an administrative notice of decision erroneously stating that the panel had also found there was no credible basis for the claim, she complained of the serious consequences such a statement would have for the applicant.
[5] I fully agree with the applicant's counsel when she argues that the Refugee Division's decision did not make a finding of no credible basis for the applicant's claim. The notice of decision does not constitute the decision of the panel, but is simply an administrative notice which, in this instance, is clearly wrong. The fear of serious consequences expressed by the applicant's counsel is therefore without foundation.
[6] Consequently, the application for judicial review is dismissed.
J.
OTTAWA, ONTARIO
July 12, 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-5015-00
STYLE: MOHAMMED SARFRAZ IQBAL v. MCI
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: JUNE 20, 2001
REASONS FOR ORDER OF PINARD J.
DATED: JULY 12, 2001
APPEARANCES:
Odette Desjardins FOR THE APPLICANT
Thi My Dung Tran FOR THE RESPONDENT
SOLICITORS OF RECORD:
Odette Desjardins
Arpin, Mascaro et Associés FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT