Date: 19990305
Docket: IMM-3512-98
BETWEEN:
ARDESHIR KESHAVARZ SAFIEE,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
LUTFY J.
[1] The applicant was successful in negotiating a discretionary Manager Driven Risk Assessment, despite his failure to apply for a Post Determination Refugee Claimant in Canada review within the stipulated time period. As the result of this assessment, the respondent's officials determined that the applicant is not likely to be at risk upon his removal from Canada to Iran. The applicant challenges this negative risk assessment decision on the grounds that relevant information was not considered by the decision maker.
[2] In her reasons for opinion, the Post Claim Determination Officer's penultimate comment noted:
| - that the Humanitarian and Compassionate submissions presented, are not a consideration under the Risk assessment process and will not be taken into consideration in this recommendation. |
Counsel for the applicant argues that this statement raises uncertainty as to whether the officer considered the submission that was attached to his letter of representations dated June 19, 1998. I do not share this concern. It is clearly stated in the risk assessment report that the submissions dated June 19, 1998 were among the documentary evidence and reports consulted. The officer's summary of the factors advanced by the applicant are related directly to these submissions. In my view, the applicant's representations in the closing paragraphs of the attachment concerning the length of his stay in Canada, his gainful employment, his stable housing environment, the support he receives from his uncle in Vancouver and his personal qualities are the humanitarian and compassionate factors which the risk assessment officer properly did not take into consideration.
[3] In his letter of June 19, 1998, counsel for the applicant concluded his submissions in support of a positive risk assessment with these comments:
| On or about May 21, 1998, Mr. Keshavarz Safiee's family sent letters to accompany his H & C Application indicating their support for their son/brother to remain in Canada. Generally, Mr. Keshavarz Safiee does not have difficulty reaching at least one member of his family when he telephones to Teheran, however, since the family members have sent the letters of support, Mr. Keshavarz Safiee has not been able to reach any of his six immediate family members. He has attempted contact on at least three occasions and continues to be unsuccessful in reaching them. This unusual circumstance causes him great concern and worry and he feels that some harm may have come to his family. The timing of this unusual circumstance is too curious for Mr. Keshavarz Safiee to believe that it is a coincidence. |
| (Emphasis added) |
No specific reference is made in the decision under review or in the officer's report of the applicant's concern "... that some harm may have come to his family.". The applicant submits that this omission constitutes a material mischaracterization of the evidence.
[4] I respectfully disagree. In Ngo v. Canada (Minister of Citizenship and Immigration) (1997), 133 F.T.R. 285 (F.C.T.D.), Justice McKeown considered another situation where the decision maker was alleged to have mischaracterized materially the evidence. I adopt fully my colleague's statement at paragraph 32:
| The summary by its nature cannot include every single submission of the applicant. The applicant is concerned that the Minister's officials have chosen different aspects to highlight than the applicant's counsel would have but this is the nature of a summary. |
I am satisfied that the decision maker and the officer reporting to him considered the applicant's submissions. The failure to refer to each facet of the representations, especially one that is somewhat speculative, does not constitute a reviewable error.
[5] Accordingly, this application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
(Sgd.) "Allan Lutfy"
J.F.C.C.
Vancouver, British Columbia
March 5, 1999