Padda v. Canada (Minister of Citizenship and Immigration)
Court headnote
Padda v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-01-23 Neutral citation 2003 FCT 63 File numbers IMM-3990-02 Decision Content Date: 20030123 Docket: IMM-3990-02 Neutral citation: 2003 FCT 63 Toronto, Ontario, Thursday the 23rd day of January, 2003 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: SAMINDER SINGH PADDA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant's claim for refugee status before the CRDD was brought on grounds of his religion, imputed political opinion and membership in a particular social group and based on detailed evidence of persecution by Indian police as a suspected "militant". [2] In my opinion, the record discloses strong evidence that the Applicant was unjustifiably tortured at the hands of the police, but this evidence was discounted by the CRDD on what I consider to be perverse findings going to the Applicant's credibility. [3] In his carefully prepared written argument, counsel for the Applicant addresses each of six credibility findings made by the CRDD which, it is argued, renders the decision patently unreasonable. I completely agree with and accept each argument detailed in the Applicant's further Memorandum of Fact and Law at paragraphs 42-59. As a result, I find the CRDD's decision to be patently unreasonable. ORDER Accordingly, I set the CRDD's decision aside and refer this matter ba…
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Padda v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-01-23 Neutral citation 2003 FCT 63 File numbers IMM-3990-02 Decision Content Date: 20030123 Docket: IMM-3990-02 Neutral citation: 2003 FCT 63 Toronto, Ontario, Thursday the 23rd day of January, 2003 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: SAMINDER SINGH PADDA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant's claim for refugee status before the CRDD was brought on grounds of his religion, imputed political opinion and membership in a particular social group and based on detailed evidence of persecution by Indian police as a suspected "militant". [2] In my opinion, the record discloses strong evidence that the Applicant was unjustifiably tortured at the hands of the police, but this evidence was discounted by the CRDD on what I consider to be perverse findings going to the Applicant's credibility. [3] In his carefully prepared written argument, counsel for the Applicant addresses each of six credibility findings made by the CRDD which, it is argued, renders the decision patently unreasonable. I completely agree with and accept each argument detailed in the Applicant's further Memorandum of Fact and Law at paragraphs 42-59. As a result, I find the CRDD's decision to be patently unreasonable. ORDER Accordingly, I set the CRDD's decision aside and refer this matter back for redetermination before a differently constituted panel. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of Counsel and Solicitors of Record DOCKET NO.: IMM-3990-02 STYLE OF CAUSE: SAMINDER SINGH PADDA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: WEDNESDAY, JANUARY 22, 2003 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: THURSDAY, JANUARY 23, 2003 APPEARANCES BY: Mr. Lorne Waldman For the Applicant Ms. Negar Hashemi For the Respondent SOLICITORS OF RECORD: Mr. Lorne Waldman Barrister & Solicitor 281 Eglinton Avenue East Toronto, Ontario M4P 1L3 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20030123 Docket: IMM-3990-02 BETWEEN: SAMINDER SINGH PADDA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca