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                                                                                                                                  Date: 20041109

                                                                                                                      Docket: IMM-2144-04

                                                                                                                       Citation: 2004 FC1579

OTTAWA, ONTARIO, this 9th day of November, 2004

PRESENT: CHIEF JUSTICE ALLAN LUTFY

BETWEEN:

                                                         MEHDI ABBAS KAZMI

                                                                                                                                            Applicant

                                                                           and

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                             REASONS FOR ORDER and ORDER

[1]                Despite the focussed representations of his counsel, the applicant, a Shia citizen of Pakistan, has fallen far short of establishing any reviewable error in the thorough reasons of the Refugee Protection Division panel member.


[2]                In her negative decision, the member accepted that the applicant was an active participant in the Pakistan People's Party and that he was "threatened and assaulted" in 1993 and 1996 by political opponents in his home city of Rawalpindi.

[3]                However, the member concluded that Mr. Kazmi embellished his claim to such a point that she seriously questioned his credibility on other allegations. The member did not believe that Mr. Kazmi was targeted by religious extremists. Neither the letter from a senior party official, who was also a long-time friend of the applicant, nor a number of letters dated in 1999, 2002 and 2003 attesting to his Shia beliefs in general and similar terms, referred to specific acts of persecution prior to his departure from Pakistan in 1996. Also, the member noted the applicant's failure to make any mention of religious persecution in his three-page statement provided to immigration officials at the Windsor, Ontario port of entry. This negative credibility finding, explained in clear and unmistakable terms, is free from any reviewable error.

[4]                The applicant's principal argument challenged the panel's determination that he had a viable internal flight alternative in the city of Hyderabad in Sindh province. In my view, the member properly applied the tests in Rasaratnam v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. 706 (C.A.) and Thirunavukkarasu v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 589 (C.A.).


[5]                The member found that the applicant did not have a high profile either as a political or religious activist. She also relied on the documentary evidence. Her failure to mention one paragraph relied upon by the applicant is no error, let alone a reviewable one: Akram v. Canada (Minister of Citizenship and Immigration), 2004 FC 629 at paragraph 15. The extract in question dealt with the presence in Sindh of the Mohajir Quami Movement, an issue unrelated to the applicant's situation.

[6]                It was open to the member, on the basis of the record before her and for the reasons extensively set out in her decision, to conclude that the applicant could seek safety in Hyderabad and that it would not be unduly harsh in all of the circumstances to do so.

[7]                Neither party suggested the certification of a serious question and none will be certified.

                                                                       ORDER

This application for judicial review is dismissed.

                                                                                                                                         "Allan Lutfy"            

C.J.


                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-2144-04

STYLE OF CAUSE:               MEHDI ABBAS KAZMI v. MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                     EDMONTON, ALBERTA

DATE OF HEARING:                       OCTOBER 27, 2004

REASONS FOR ORDER

AND ORDER:                                    LUTFY C.J.

DATED:                                              NOVEMBER 9, 2004

APPEARANCES:

Mr. Simon K. Yu                                                                                            FOR THE APPLICANT

Mr. W. Brad Hardstaff                                                                                FOR THE RESPONDENT

SOLICITORS ON THE RECORD:


Simon K. Yu

Barrister & Solicitor

Edmonton, Alberta                                                                                          FOR THE APPLICANT

Mr. Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                                                                          FOR THE RESPONDENT

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