Date: 19981204
Docket: IMM-408-98
Ottawa, Ontario, the 4th day of December 1998
Present: The Honourable Mr. Justice Pinard
Between:
Kulwinder Singh NIJJAR
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION OF CANADA
Respondent
ORDER
The application for judicial review of the decision dated December 24, 1997, by the Convention Refugee Determination Division, which determined that the applicant is not a Convention refugee, is dismissed.
YVON PINARD
JUDGE
Certified true translation
M. Iveson
Date: 19981204
Docket: IMM-408-98
Between:
Kulwinder Singh NIJJAR
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION OF CANADA
Respondent
REASONS FOR ORDER
PINARD J.:
[1] The application for judicial review concerns a decision dated December 24, 1997, by the Convention Refugee Determination Division of the Immigration and Refugee Board (the panel), which determined that the applicant is not a Convention refugee.
[2] First, preferring the relevant documentary evidence to the testimony of the applicant, the panel was not convinced that the applicant had an objective fear of persecution and, second, it found that there was an internal flight alternative in India.
[3] After hearing the representatives of the parties and reviewing the evidence, I am of the view that the Refugee Division, which is a specialized tribunal, acted in accordance with the principles set out in Zhou v. M.E.I. (July 18, 1994), A-492-91 and Rasaratnam v. Canada (M.E.I.), [1992] 1 F.C. 706 (C.A.), when it held that the applicant"s testimony was implausible, and when it determined, especially considering the applicant"s particular circumstances, that there was no reasonable chance or serious possibility that he would be persecuted if he settled in India outside the Punjab. As I am accordingly of the view that the panel could reasonably have concluded as it did, the application for judicial review is dismissed.
[4] There is no question here to be certified.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
December 4, 1998
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-408-98
STYLE OF CAUSE: KULWINDER SINGH NIJJAR v. MINISTER OF
CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: MONTRÉAL
DATE OF HEARING: NOVEMBER 17, 1998
REASONS FOR ORDER OF PINARD J.
DATED: DECEMBER 4, 1998
APPEARANCES:
ÉVELINE FISET FOR THE APPLICANT
JOCELYNE MURPHY FOR THE RESPONDENT
SOLICITORS OF RECORD:
ÉVELINE FISET FOR THE APPLICANT
MONTRÉAL
MORRIS ROSENBERG FOR THE RESPONDENT
DEPUTY ATTORNEY GENERAL OF CANADA