Date: 20000927
Docket: IMM-5016-99
BETWEEN:
HIKMAT MANI SHRESTHA
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
NADON J.:
[1] In view of the principles enunciated by the Federal Court of Appeal in Bazargan (1996), 205 N.R. 282, Sumaida, [2000] 3 F.C. 66 and Raimirez, [1992] 2 F.C. 306, I cannot conclude that the Refugee Board made a reviewable error, either of fact or law, when it concluded that the plaintiff was excluded by reason of article 1(F)(a) of the Refugee Convention.
[2] At the hearing, I raised an issue as to whether the crimes committed constituted crimes against humanity. Since that issue was not raised by the parties in their memorandums, it need not be addressed.
[3] For these reasons, this application is denied.
Marc Nadon
Judge
MONTREAL, QUEBEC
September 27, 2000
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000927
Docket: IMM-5016-99
BETWEEN:
HIKMAT MANI SHRESTHA
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5016-99
STYLE OF CAUSE: HIKMAT MANI SHRESTHA
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTREAL, QUEBEC
DATE OF HEARING: September 27, 2000
ORDER AND REASONS FOR ORDER
OF THE HONOURABLE MR. JUSTICE NADON
DATED: September 27, 2000
APPEARANCES:
Odette Desjardins for applicant
Christine Bernard for respondent
SOLICITORS OF RECORD:
Marie-José Blain for applicant
Montreal, Quebec
Morris Rosenberg for respondent
Deputy Attorney General of Canada