Date: 20030506
Docket: IMM-2149-02
Citation: 2003 FCT 557
Ottawa, Ontario, this 6th day of May, 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
MOHAMMAD AZMAT FARIED CHOUDRY
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Mr. Choudry is Shia Muslim and a former resident of Lahore, Pakistan. He claimed refugee status in Canada on the ground that he was persecuted by an extremist Sunni Muslim organization called the Sipah-e-Shaba (the "SSP"). He says he was singled out for mistreatment by the SSP because of his membership in a Shia organization called Tehreek-E-Jaffria (the "TJP").
[2] His claim for refugee status was rejected by the Immigration and Refugee Board primarily on the grounds that he had failed to establish his membership in the TJP. He argues that the Board made a serious error in its fact-finding on that issue and that the Court should grant him a new hearing.
[3] Mr. Choudry introduced documentary evidence to support his contention that he was a member of the TJP. He supplied a letter purported to be signed by the Secretary General of the TJP, a Mr. Raza, in Tehsil City of Lahore. The Board attempted to verify the authenticity of the letter by sending it to the Specific Information Research Unit which, in turn, forwarded it to Mr. Syed Razi Uddin Rivzi, the Secretary General of the TJP in Rawalpindi. Mr. Rivzi responded by saying that Mr. Choudry was not a member of the TJP and that Mr. Raza's letter was "bogus". Mr. Choudry rightly points out that it was not entirely clear whether Mr. Rivzi was the head of the Rawalpindi branch of the TJP or the entire organization. Mr. Choudry was given an opportunity to respond to Mr. Rivzi's letter and he did so by introducing a second letter from Mr. Raza.
[4] In the result, the Board found that Mr. Choudry had not proved his membership in the TJP. Given that his TJP profile was at the very foundation of his allegations of persecution, the Board dismissed his refugee claim. The Board also found that there were other problems in Mr. Choudry's claim - including credibility and delay - but its main conclusion was in relation to the issue of membership in the TJP.
[5] The Board had before it clear evidence on which to make a negative finding in relation to Mr. Choudry's claim of membership in the TJP. While it is possible that Mr. Rivzi's responsibilities were primarily in Rawalpindi, it was for the Board to decide what weight to give the evidence that emanated from him. I cannot find any serious error in its conclusion that Mr. Choudlry's claim had not been established.
[6] Accordingly, this application for judicial review must be dismissed. No question of general importance was proposed for certification and none is stated.
JUDGMENT
IT IS HEREBY ADJUDGED THAT:
1. The application for judicial review is dismissed. No question of general importance is stated.
"James W. O'Reilly"
J.F.C.C .
FEDERAL COURT OF CANADA
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
DOCKET: IMM-2149-02
STYLE OF CAUSE: MOHAMMAD AZMAT FARIED CHOUDRY
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, APRIL 30, 2003
REASONS FOR JUDGMENT
AND JUDGMENT BY: THE HONOURABLE MR. JUSTICE O'REILLY
APPEARANCES BY:
Mr. John Savaglio FOR THE APPLICANT
Ms. Amina Riaz FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. John Savaglio
Barrister and Solicitor
1919 Brookshire Square
Pickering, Ontario L1V 6L2 FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, ON FOR THE RESPONDENT