Date: 19980828
Docket: IMM-4955-97
BETWEEN:
MOHAMMED DINISLAM BHUYA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON J.
[1] The applicant, a citizen of Bangladesh, seeks to set aside a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") dated October 14, 1997 which dismissed his claim to refugee status in Canada.
[2] The applicant claimed refugee status on the basis of a well-founded fear of persecution by reason of his political opinion and his membership in the Jatiya Party. The Board reached the conclusion that it did for the following reasons:
| (1) It did not find the applicant to be credible in regard to the events which give rise to his fear of persecution. |
| (2) By reason of changed country conditions, the applicant's fear of persecution, should he return to Bangladesh, was not well founded. The Board noted that as of June 12, 1996 the government of Bangladesh was a coalition government composed of two political parties, namely the Awami League and the Jatiya Party. The Board also noted that the Jatiya Party's leader, General Erschad, had pledged his unconditional support to the Awami League. |
| (3) The applicant had not demonstrated that the state of Bangladesh was either unwilling or unable to protect him against persecution. |
[3] Notwithstanding the very able argument by Mr. Solway and Ms. Desloges, I have not been persuaded that I should intervene in this matter.
[4] The Board made a number of findings regarding the applicant's credibility including a finding that it did not believe that there was an outstanding warrant for his arrest in Bangladesh. I am unable to conclude that the Board's findings were not open to it on the evidence.
[5] In assessing the applicant's objective fear of persecution, the Board took into consideration the country conditions in existence at the time of the hearing which took place in February and May 1997. The country conditions in existence at the time of the hearing included the change of government which had occurred in June 1996. The country conditions led the Board to the conclusion that there was "less than a reasonable chance that the claimant would be subjected to persecution if he were to return to Bangladesh". I am of the view that this finding, on the evidence, is not unreasonable.
[6] The Board also found that the applicant had not demonstrated that the state of Bangladesh was unable or unwilling to protect him. In making this finding, the Board noted that the judiciary in Bangladesh "displays a high degree of independence, especially at the higher levels" and that "it often rules against the government in criminal, civil, and even politically controversial cases". This finding, in my view, is not unreasonable.
[7] For these reasons, I am of the view that I should not intervene and, as a result, this judicial review application shall be denied.
"Marc Nadon"
Judge
Toronto, Ontario
August 28, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4955-97
| STYLE OF CAUSE: MOHAMMED DINISLAM BHUYA |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, AUGUST 26, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: NADON, J.
DATED: FRIDAY, AUGUST 28, 1998
APPEARANCES:
Mr. Steven Solway and
| Ms. Chantal Desloges |
For the Applicant
Ms. Andrea Horton
For the Respondent
SOLICITORS OF RECORD: Steven Solway
| Barrister & Solicitor |
48 Village Centre Place
| 3rd Floor |
| Mississauga, Ontario |
| L4Z 1V9 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980828
Docket: IMM-4955-97
Between:
| MOHAMMED DINISLAM BHUYA |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER