Date: 19981007
Docket: IMM-4883-97
IN THE MATTER OF the Immigration Act, 1976, as amended, S.C. 1989, c.35;
AND IN THE MATTER OF a decision of the Convention Refugee Determination
Division of the Immigration and Refugee Board regarding the claim to Convention
Refugee Status of MOHAMMED MAHFUZ ALAM.
BETWEEN:
MOHAMMED MAHFUZ ALAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
McGILLIS J.
[1] The applicant has challenged by way of judicial review a decision of the Immigration and Refugee Board ("Board") that he was not a Convention refugee.
[2] In its decision, the Board made no adverse finding of credibility against the applicant. However, it concluded that the applicant had not established that there was "...clear and convincing evidence to prove that [Bangladesh] could not protect him from the [Bangladesh National Party] goons." In that regard, the Board noted that the Bangladesh National Party was no longer the government in power, and that the applicant's Jatiya Party has entered into an alliance with the ruling Awami League.
[3] A review of the reasons, in their totality, reveals that the Board ignored or failed to consider in its analysis the specific evidence of the applicant that his problems with the police and with the goons from the Bangladesh National Party continued after the election in which the Awami League became the government, and after he had fled to Canada. In the circumstances, I have concluded that the Board's decision is patently unreasonable, given its failure to consider relevant and credible evidence in assessing whether the applicant had a well-founded fear of persecution in Bangladesh.
[4] The application for judicial review is allowed. The decision of the Board is quashed and the matter is remitted to a differently constituted Board for rehearing and redermination. The case raises no serious question of general importance.
"D. McGillis"
Judge
TORONTO, ONTARIO
October 7, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4883-97
| STYLE OF CAUSE: MOHAMMED MAHFUZ ALAM |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, OCTOBER 6, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McGILLIS, J.
DATED: WEDNESDAY, OCTOBER 7, 1998
APPEARANCES:
Mr. Ian Wong
For the Applicant
Ms. Lori Hendricks
For the Respondent
SOLICITORS OF RECORD:
Bush, White & Wong
| Barristers & Solicitors |
| 6 Adelaide Street East |
| 10th Floor |
| Toronto, Ontario |
| M5C 1H6 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981007
Docket: IMM-4883-97
Between:
| MOHAMMED MAHFUZ ALAM |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT