Shahbaz Baig v. Canada (Citizenship and Immigration)

Shahbaz Baig v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2007-04-17
Neutral citation
2007 FC 405
File numbers
IMM-3227-06
Decision Content
Date: 20070417
Docket: IMM-3227-06
Citation: 2007 FC 405
Toronto, Ontario, April 17, 2007
PRESENT: The Honourable Mr. Justice Hughes
BETWEEN:
MUHAMMAD SHAHBAZ BAIG
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The Applicant is an adult made, a citizen of Pakistan, who claims refugee protection in Canada based on his alleged homosexual orientation. That claim was rejected in a decision of the Immigration and Refugee Board dated May 17, 2007. The Applicant seeks judicial review of that decision and that it be referred to for re-determination by another member of the Board.
[2] A review of the evidence as to the Applicant’s alleged homosexual orientation was conducted by the Board which in giving Reasons, stated that the Applicant’s evidence was not credible or trustworthy. The Board noted correctly, that the evidence adduced did not support or corroborate the allegation that the Applicant was a homosexual.
[3] The question before this Court is simply as to whether the Board’s assessment as to the Applicant’s credibility should be set aside on judicial review. The criteria for doing so is whether the assessment was patently unreasonable (Aguebor v. Canada, (Minister of Employment and Immigration), [1993], 160 N.R. 315 at 316 (F.C.A.)).
[4] Here the only evidence before the Board as to the Applicant’s alleged sexual orientation was that of the Applicant himself, no corroborating evidence of any kind was offered. Counsel was not able to point out, no was the Court able to determine, any proper basis upon which the Board’s findings could be said to be patently unreasonable.
[5] The Application will be dismissed without costs. There is no question for certification.
ORDER
For the reasons provided,
THIS COURT ORDERS that:
The Application is dismissed.
There is no question for certification.
No Order to costs.
“Roger T. Hughes”
Judge
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3227-06
STYLE OF CAUSE: MUHAMMAD SHAHBAZ BAIG v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: April 16, 2007
REASONS FOR ORDER
AND ORDER: HUGHES J.
DATED: April 17, 2007
APPEARANCES:
John Savaglio FOR THE APPLICANT
Catherine Vasilaros FOR THE RESPONDENT
SOLICITORS OF RECORD:
John Savaglio
Barrister & Solicitor FOR THE APPLICANT
Pickering, Ontario
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT
Toronto, Ontario