Omar v. Canada (Minister of Citizenship and Immigration)

Omar v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-05-13
Neutral citation
2002 FCT 550
File numbers
IMM-941-01
Decision Content
Date: 20020513
Docket: IMM-941-01
Neutral citation: 2002 FCT 550
CALGARY, Alberta, Monday, the 13th day of May, 2002.
Present: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
SAEEM OMAR
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] In the present case the CRDD found that the Applicant will suffer more than a mere possibility of persecution in his home state of Baluchistan, Pakistan, because he is a member of the Zikris sect of the Moslem religion. Thus, it is agreed that the onus was upon the Applicant to prove that he had no viable Internal Flight Alternative (IFA) in the rest of Pakistan. He testified there was none, but his evidence on this issue was given no weight. In my opinion, this finding is not particularly relevant because the CRDD's conclusion that an internal fight alternative was available is based on what I consider to be an unfair interpretation of a six-paragraph document providing "in-country" conditions produced by the Research Directorate of the Immigration and Refugee Board (Ex. HR-1).
[2] The document mentioned quotes other sources in confirming a movement within Pakistan to "declare Zikris non-Moslem", and provides evidence that "discriminatory religious legislation has encouraged an atmosphere of religious tolerance, which has led to acts of violence directed against minority Moslem sects as well as against Christians, Hindus, and members of Moslem off-shoot sects such as Ahmadis and Zikris". No geographic limits to the persecution found is provided in the document.
[3] On this basis, in my opinion, the only reasonable interpretation of the document is that Zikris are persecuted throughout Pakistan. As a result, had this interpretation been adopted there would have been cogent evidence upon which a finding could have been made that the Applicant met the onus of proving no IFA within Pakistan.
[4] However, because, in the opinion of the CRDD the document provides "no reports of actions against Zikris in Sindh", the CRDD found as follows:
However, the panel finds he has a safe and reasonable internal flight alternative outside the province of Baluchistan, particularly in the province of Sindh, where Zikris are reported to reside. (CRDD Decision, p. 2).
[5] I find that this conclusion is not supported on the evidence, and, indeed, amounts to a very unsafe speculation. As such, I find it constitutes a reviewable error.
ORDER
[6] Accordingly, I set aside the CRDD's decision and refer this matter to a different panel for redetermination.
"Douglas R. Campbell"
JUDGE
Calgary, Alberta
May 13, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020513
Docket: IMM-941-01
BETWEEN:
SAEEM OMAR
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-941-01
STYLE OF CAUSE: SAEEM OMAR v. THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: May 13, 2002
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: May 13, 2002
APPEARANCES:
Mr. Satnam Aujla FOR APPLICANT
Mr. Brad Hardstaff RESPONDENT
SOLICITORS OF RECORD:
Yanko & Company
Calgary, Alberta
FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT