Date: 20030220
Docket: IMM-5868-01
Neutral Citation: 2003 FCT 185
Between:
JASVIR SINGH, domiciled at 850 Crémazie West,
apartment 12, Montreal, Quebec, H3N 1A3,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION, c/o Justice Department,
Guy Favreau Complex, 200 West René-Lévesque,
East Tower, 5th Floor, Montreal, Quebec, H2Z 1X4,
Respondent
REASONS FOR ORDER
PINARD J.:
The applicant seeks judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the "Board") dated November 21, 2001, determining him not to be a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2.
The applicant is a citizen of India, from Punjab. He claims refugee status in Canada, alleging a well-founded fear of persecution on the basis of imputed political opinions and membership in two particular social groups (his family and Sikhs from Punjab).
The applicant claims that he was persecuted because his father had been previously persecuted by the Punjab police and accused of having links with militants. The applicant alleges that he was arrested, tortured and raped by the police, who were trying to discover his father's whereabouts.
The Board found the applicant's story not to be credible. The Board further stated that, even if it had found the applicant's story credible, he had failed to establish an inability to obtain state protection from the government of India.
Despite the unreasonable inferences which the applicant argues the Board drew from the evidence on the issue of credibility, its decision with regard to the availability of state protection was reasonable, which is sufficient to dismiss the application for judicial review.
Indeed, the applicant must provide clear and convincing confirmation of a state's inability to protect its citizens against persecution before the Board can accept that such inability exists (Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689). In this case, the Board relied on evidence indicating that India is a democratic country which has recognized the problems with police brutality in Punjab and has set up legal mechanisms to counter police abuse. Despite providing extensive documentation on the general state of Punjab, the applicant did not establish that he had sought the protection of the state before leaving India, and that protection was denied. In reaching its decision on this point, the Board reasonably relied on the evidence before it. Its decision was not reached capriciously or without regard for the evidence.
Consequently, the application for judicial review is dismissed.
JUDGE
OTTAWA, ONTARIO
February 20, 2003
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5868-01
STYLE OF CAUSE: JASVIR SINGH v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 8, 2003
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD
DATED: February 20, 2003
APPEARANCES:
Mr. Jean-François Bertrand FOR THE APPLICANT
Ms. Gretchen Timmins FOR THE RESPONDENT
SOLICITORS OF RECORD:
Bertrand, Deslauriers FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario