Ali v. Canada (Minister of Citizenship and Immigration)
Court headnote
Ali v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-10-02 Neutral citation 2002 FCT 1034 File numbers IMM-5653-01 Decision Content Date: 20021002 Docket: IMM-5653-01 Neutral citation: 2002 FCT 1034 Montreal, Quebec, October 2, 2002 Present: The Honourable Madam Justice Danièle Tremblay-Lamer BETWEEN: SULAMAN ALI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) wherein the Board determined that the applicant was not a Convention refugee based on his lack of credibility. The Board found that his testimony was vague, evasive and not delivered in a frank manner. [2] It is trite law that the Board has complete jurisdiction to make credibility findings and that there is nothing in this case to warrant the Court's intervention. [3] The applicant then submits that the one member panel was without jurisdiction to decide his case and that the presiding member was biased. Subsection 69.1(8) of the Immigration Act, R.S.C. 1985, c. I-2, allows the hearing to proceed before a one member panel if the person making the claim consents. The applicant was represented by counsel and no objection was made to proceed with one member. It is evidence that the applicant implicitly gave his consent or he would have acted differently. [4] As for the bias of the presid…
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Ali v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-10-02 Neutral citation 2002 FCT 1034 File numbers IMM-5653-01 Decision Content Date: 20021002 Docket: IMM-5653-01 Neutral citation: 2002 FCT 1034 Montreal, Quebec, October 2, 2002 Present: The Honourable Madam Justice Danièle Tremblay-Lamer BETWEEN: SULAMAN ALI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) wherein the Board determined that the applicant was not a Convention refugee based on his lack of credibility. The Board found that his testimony was vague, evasive and not delivered in a frank manner. [2] It is trite law that the Board has complete jurisdiction to make credibility findings and that there is nothing in this case to warrant the Court's intervention. [3] The applicant then submits that the one member panel was without jurisdiction to decide his case and that the presiding member was biased. Subsection 69.1(8) of the Immigration Act, R.S.C. 1985, c. I-2, allows the hearing to proceed before a one member panel if the person making the claim consents. The applicant was represented by counsel and no objection was made to proceed with one member. It is evidence that the applicant implicitly gave his consent or he would have acted differently. [4] As for the bias of the president member, the Court of Appeal in Arthur v. Canada (Attorney General), [2001] F.C.J. No. 1091, has emphasized that an allegation of bias cannot be done lightly. It cannot rest on mere suspicion, pure conjecture or mere impressions of an applicant. It must be supported by material evidence. This standard has not been met in the present case. [5] For these reasons, the application for judicial review is dismissed. ORDER THIS COURT ORDERS that the application for judicial review is dismissed. Danièle Tremblay-Lamer J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20021002 Docket: IMM-5653-01 BETWEEN: SULAMAN ALI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-5653-01 STYLE OF CAUSE: SULAMAN ALI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: October 2, 2002 REASONS FOR ORDER AND ORDER: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER DATED: October 2, 2002 APPEARANCES: Ms. Odette Desjardins FOR THE APPLICANT Mr. Michel Pépin FOR THE RESPONDENT SOLICITORS OF RECORD: Arpin, Mascaro et Associés Montreal, Quebec FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Montreal, Quebec FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca