Date: 19990730
Docket: IMM-5933-98
BETWEEN:
GURMIT SINGH GILL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.A.
[1] In spite of the able argument of counsel for the applicant the judicial review must be dismissed. The issue is one of credibility and the panel"s assessment of the evidence.
[2] Counsel gives alternative interpretations of the evidence than the ones which the panel adopted. However, the Court will not on judicial review reassess credibility assessments or factual findings by the panel.
[3] Counsel says there are factual findings in the decision about events in India after 1992 that are not in the evidence. However, the evidence contains an extensive list of documents pertaining to India which the applicant was notified would be forwarded to the panel . They were available to the applicant. The dates and the subject matter of the documents indicate that they were the source of the panel"s references in its reasons. While it would have been preferable for the panel to have footnoted its references or made express reference to the documents upon which it relied its failure to do so does not constitute a reviewable error.
[4] This is not a case for interference by the Court. The judicial review will be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
July 30, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5933-98 |
| STYLE OF CAUSE: GURMIT SINGH GILL |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: THURSDAY, JULY 29, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: ROTHSTEIN J.A. |
DATED: FRIDAY, JULY 30, 1999
APPEARANCES: Mr. Lorne Waldman
For the Applicant
| Mr. Stephen H. Gold |
For the Respondent
SOLICITORS OF RECORD: Jackman, Waldman & Associates
| Barristers and Solicitors |
| 281 Eglinton Avenue East |
| Toronto, Ontario |
| M4P 1L3 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19990730
Docket: IMM-5933-98
Between:
| GURMIT SINGH GILL |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER