Federal Court Decisions

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Date: 19980130


Docket: IMM-1007-97

BETWEEN:

     RIZWAN SHAUKAT CHAUDHRY

     ABID ALI CHAUDHRY

     Applicants

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

REED, J. (orally)

[1]      I am not persuaded that there are grounds to set aside the C.R.D.D. decision. As I understand that decision, from counsels' arguments and from my own reading of it, it is based on a lack of persuasive evidence. The evidence was not persuasive because it lacked detail and was very general in nature. No explanation was given as to why an ordinary PPP member, engaged in the rather minor activities described, would become the target for such continuous pursuit as was described. No explanation was given as to


whether or not the applicants' father could obtain state protection now that the PPP are in power - indeed that party was in power when the applicants left Pakistan for Canada.

[2]      There is not documentary evidence supporting the specific allegations that are made. The oral evidence was, as noted, lacking in details.

[3]      Evaluations of the evidence by tribunals are not subject to re-evaluation by the Court on judicial review unless there is some unreasonableness about that evaluation. This does not exist in this case.

[4]      For the reasons given the application will be dismissed.

"B. Reed"

Judge

Toronto, Ontario

January 30, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                      IMM-1007-97

STYLE OF CAUSE:                  RIZWAN SHAUKAT CHAUDHRY

                         ABID ALI CHAUDHRY

                         - and -

                         THE MINISTER OF CITIZENSHIP AND IMMIGRATION     

DATE OF HEARING:              JANUARY 30, 1998

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER ORALLY BY:      REED, J.

DATED:                      JANUARY 28, 1998

APPEARANCES:                 

                         Mr. Hart A. Kaminker

                            

                             For the Applicants

                         Ms. Lori Hendriks

                             For the Respondent

SOLICITORS OF RECORD:          Mamann, Kranc

                         Barristers & Solicitors

                         212 King Street West

                         Suite 410

                         Toronto, Ontario

                         M5H 1K5

                             For the Applicants

                         George Thomson

                         Deputy Attorney General

                         of Canada

                             For the Respondent


                          FEDERAL COURT OF CANADA


Date: 19980130


Docket: IMM-1007-97

                         BETWEEN:

                         RIZWAN SHAUKAT CHAUDHRY

                         ABID ALI CHAUDHRY

     Applicants

                         - and -

                         THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

                        

            

                         REASONS FOR ORDER

                        


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