Date: 20040209
Docket: IMM-6680-02
Citation: 2004 FC 181
BETWEEN:
ABDUR RAB MIAH
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] The applicant, a citizen of Bangladesh, has fallen far short of establishing that the Convention Refugee Determination Division made erroneous findings of fact in its negative credibility assessment and in concluding that he is not a Convention refugee.
[2] In its decision, the tribunal focussed on discrepancies in the applicant's responses during his port of entry interview, in his personal information form and in his refugee hearing testimony.
[3] Was the applicant a student or a wholesaler when he sought refuge in Canada? Did he fear the Bangladesh Nationalist Party or the Awami League? Was he beaten by militants of one or both of these parties? Was he aware of the contents of his Indian passport or did he in fact never see this travel document? In each instance, the tribunal found the applicant did not provide a reasonable explanation for the discrepancies. Upon review of the record, I am satisfied it was open to the tribunal to so conclude.
[4] The applicant produced two JASAD political party membership cards for 1992 and 1999. Each of these cards, issued seven years apart, includes the same photograph of the applicant, identical spelling mistakes and similar blank spaces adjacent to the "date" and "year" marks on the party stamp. It was not unreasonable for the tribunal to conclude that the membership cards were fabrications, particularly when the applicant acknowledged at the refugee hearing that other false personal documentation had been filed.
[5] Similarly, the tribunal made no reviewable error in its negative assessment of the applicant's knowledge of the political situation in Bangladesh or in its characterization of the JASAD party relative to the major political movements in Bangladesh.
[6] Accordingly, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question and none will be certified.
"Allan Lutfy"
C.J.
Ottawa, Ontario
February 9, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6680-02
STYLE OF CAUSE: Abdur Rab Miah
Applicant
and
The Minister of Citizenship and Immigration
Respondent
PLACE OF HEARING: Toronto
DATE OF HEARING: November 24, 2003
REASONS FOR Order : Lutfy C.J.
DATED: February 9, 2004
APPEARANCES:
Lorne Waldman FOR PLAINTIFF / APPLICANT
Catherine Vasilaros FOR DEFENDANT/ RESPONDENT
SOLICITORS OF RECORD:
Waldman & Associates FOR PLAINTIFF/APPLICANT
281 Eglinton Avenue East
Toronto, M4P 1L3
Morris Rosenberg FOR DEFENDANT/
Department of Justice RESPONDENT
Onario Regional Office, The Exchange Tower
130 King St. West, Suite 3400, Box 36
Toronto, M5X 1K6