IMM-2262-96
B E T W E E N:
JASWINDER SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
RICHARD, J.:
The applicant seeks to set aside the decision of the Immigration and Refugee Board (the "Board") dated June 13, 1996, wherein the Board determined that the applicant is not a Convention refugee.
The Board determined that the applicant still had a well-founded fear of persecution in Punjab. However, the Board concluded that an IFA was available and reasonable under all the circumstances pertaining to the applicant.
The Board's analysis was made in accordance with the applicable jurisprudence. The Board's analysis is based on the two-pronged test in Rasaratnam1.
The Board then made a factual determination, based on all the evidence, that it would not be unreasonable for the claimant to seek refuge in some other parts of India, particularly New Delhi. The Board considered that this was a realistic and attainable option for the particular applicant.
Counsel for the applicant challenged the decision on the ground that the panel had determined that the claimant still had an objectively well-founded fear of persecution, not only in the Punjab, but also in other neighbouring states. In singling out New Delhi as an IFA, the Board clearly did not consider it to fall in that category. Further, New Delhi is located in Delhi.
It was reasonably open to the Board to reach the determination which it made.
Accordingly, the application for judicial review is dismissed.
"John D.Richard"
Judge
Toronto, Ontario
April 29, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2262-96
STYLE OF CAUSE: JASWINDER SINGH
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: APRIL 29, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: RICHARD, J.
DATED: APRIL 29, 1997
APPEARANCES:
Mr. Thomas R. McIver
For the Applicant
Mr. Cheryl Mitchell
For the Respondent
SOLICITORS OF RECORD:
McIver & McIver
900-372 Bay Street
Toronto, Ontario
M5H 2W9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2262-96
Between:
JASWINDER SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
__________________
1 Rasaratnam v. M.E.I., [1992] 1 F.C. 706 (C.A.).