Federal Court Decisions

Date: 20070417

Docket: IMM-3227-06

Citation: 2007 FC 405

Toronto, Ontario, April 17, 2007

PRESENT:     The Honourable Mr. Justice Hughes

BETWEEN:

MUHAMMAD SHAHBAZ BAIG

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]               The Applicant is an adult made, a citizen of Pakistan, who claims refugee protection in Canada based on his alleged homosexual orientation.  That claim was rejected in a decision of the Immigration and Refugee Board dated May 17, 2007.  The Applicant seeks judicial review of that decision and that it be referred to for re-determination by another member of the Board.

[2]               A review of the evidence as to the Applicant’s alleged homosexual orientation was conducted by the Board which in giving Reasons, stated that the Applicant’s evidence was not credible or trustworthy.  The Board noted correctly, that the evidence adduced did not support or corroborate the allegation that the Applicant was a homosexual. 

[3]               The question before this Court is simply as to whether the Board’s assessment as to the Applicant’s credibility should be set aside on judicial review.  The criteria for doing so is whether the assessment was patently unreasonable (Aguebor v. Canada, (Minister of Employment and Immigration), [1993], 160 N.R. 315 at 316 (F.C.A.)).

[4]               Here the only evidence before the Board as to the Applicant’s alleged sexual orientation was that of the Applicant himself, no corroborating evidence of any kind was offered.  Counsel was not able to point out, no was the Court able to determine, any proper basis upon which the Board’s findings could be said to be patently unreasonable. 

[5]               The Application will be dismissed without costs.  There is no question for certification. 

ORDER

For the reasons provided,

THIS COURT ORDERS that:

1. The Application is dismissed.

2. There is no question for certification.

3. No Order to costs.

“Roger T. Hughes”

FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-3227-06

STYLE OF CAUSE:                          MUHAMMAD SHAHBAZ BAIG v.

                                                            THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      April 16, 2007

REASONS FOR ORDER

AND ORDER:                                   HUGHES J.

DATED:                                             April 17, 2007

APPEARANCES:

John Savaglio                                                                           FOR THE APPLICANT

Catherine Vasilaros                                                                   FOR THE RESPONDENT

SOLICITORS OF RECORD:

John Savaglio

Barrister & Solicitor                                                                  FOR THE APPLICANT

Pickering, Ontario

John H. Sims, Q.C.

Deputy Attorney General of Canada                                         FOR THE RESPONDENT

Toronto, Ontario