IMM-4300-96
MONTRÉAL, QUEBEC, THE 1ST DAY OF OCTOBER 1997
| PRESENT: THE HONOURABLE MR. JUSTICE LUTFY |
| BETWEEN: KANDOLA GIAN SINGH, |
Applicant
| AND: |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION OF CANADA, |
Respondent
Application for judicial review to have the Court quash the Tribunal"s decision of October 30, 1996 and send the matter back to a panel otherwise constituted.
[Section 82.1 of the Immigration Act]
O R D E R
The application for judicial review is dismissed.
| Allan Lutfy |
| Judge |
Certified true translation
C. Delon, LL.L.
IMM-4300-96
| BETWEEN: KANDOLA GIAN SINGH, |
Applicant
| AND: |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION OF CANADA, |
Respondent
REASONS FOR ORDER
LUTFY J.
The applicant contends that the Refugee Division (the tribunal) rejected the findings of the orthopedist"s report and did so without giving valid reasons. I do not agree.
The medical expert expressed the opinion that the applicant"s scars seemed to him to be compatible with his statements. The tribunal took the report into account but, in questioning the applicant"s credibility, concluded that his scars were not caused in the circumstances as he had described them. It was the tribunal"s task to assess the applicant"s credibility. The doctor could conclude that the applicant"s scars were consistent with his version without necessarily binding the tribunal to accept its plausibility.
Counsel for the applicant submits that the doctor was not obliged to conclude that torture was the only cause of the scars: Thurairajah v. The Minister of Employment and Immigration, [1994] F.C.J. No. 322. The tribunal did not require such proof in this case.
Furthermore, my reading of the transcript of the hearing convinces me that the tribunal did not commit any error in its assessment of the evidence that might warrant my intervention. The tribunal"s reasons in regard to the applicant"s credibility are clear and explicit.
Accordingly, the application for judicial review shall be dismissed.
| Allan Lutfy |
| Judge |
Montréal, Quebec
October 1, 1997
Certified true translation
C. Delon, LL.L.
Federal Court of Canada
File No. IMM-4300-96
BETWEEN
KANDOLA GIAN SINGH,
Applicant
| - and - |
THE MINISTER OF CITIZENSHIP AND IMMIGRATION OF CANADA,
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. IMM-4300-96 |
| STYLE: KANDOLA GIAN SINGH |
Applicant
| AND: |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION OF CANADA, |
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: September 30, 1997 |
REASONS FOR ORDER OF LUTFY J.
| DATED: October 1, 1997 |
APPEARANCES:
| Jean-François Fiset for the applicant |
| Édith Savard for the respondent |
SOLICITORS OF RECORD:
Blain, Fiset & Associés,
| Montréal, Quebec for the applicant |
| George Thomson |
Deputy Attorney General of Canada
| Ottawa, Ontario for the respondent |