Date: 19980203
Docket: IMM-3812-96
MONTREAL, QUEBEC, THIS 3rd DAY OF FEBRUARY 1998.
BETWEEN:
SHAHRAKH SALEHI
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON, J.:
[1] The Applicant seeks to set aside a decision of post-claim determination officer Vincent Agostino dated September 26, 1996
[2] The Applicant arrived in Canada in January 1994 and claimed refugee status on the ground of a well-founded fear of persecution based on his political opinions. Specifically, the Applicant alleged that he had been a supporter of the Mojahedin -e- Khalq political organization in Iran since 1979, opponents to the Iranian regime.
[3] On August 8,1995, the refugee division of the Immigration and Refugee Board (the "Board") concluded that he was not a Convention refugee. The Board so concluded because it found the Applicant's evidence not credible.
[4] On December 6, 1995, the Applicant's application for leave and for judicial review was denied by this Court.
[5] Pursuant to s. 2 (1) of the Immigration Regulations, the Applicant was deemed to have submitted an application for landing as a member of the post determination refugee claimant in Canada class ("PDRCC").
[6] In January 1995, the Applicant filed written submissions for consideration by a PDRCC officer. On September 26, 1996, officer Vincent Agostino concluded that he was not a member of the PDRCC. The officer was of the view that the evidence submitted by the Applicant added nothing to that which had been adduced before the Board. The officer stated:
| "[l]e demandeur critique beaucoup la décision de la Commission mais ne nous apporte aucun fait nouveau pour justifier la demande actuelle". |
[7] According to officer Agostino, the Applicant failed to clarify the inconsistencies in his evidence as identified by the Board.
[8] As a result, the officer found no reason why the Applicant could not return to his country.
[9] Notwithstanding the able arguments of Me Forget for the Applicant, I informed the parties at the hearing that I would be dismissing the application. In my view, officer Agostino made no error, of fact or of law, which would allow me to intervene. There was simply no evidence before the officer which could have allowed him to arrive at a conclusion favourable to the Applicant.
[10] For these reasons, this application must be denied.
Marc Nadon
Judge
FEDERAL COURT OF TRIAL
Date: 19980203
Docket: IMM-3812-96
BETWEEN:
SHAHRAKH SALEHI
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: IMM-3812-96
BETWEEN: SHAHRAKH SALEHI,
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal (Quebec)
DATE OF HEARING: February 3rd, 1998
REASONS FOR ORDER BY: NADON, J.
DATED: February 3rd, 1998
APPEARANCES: Mr. Martin Forget for the Applicant
Mr. Claude Provencher for the Respondent
SOLICITORS OF RECORD:
Mr. Martin Forget
Montreal, Quebecfor the Applicant
George Thomson
Deputy Attorney General of Canada
Montreal, Quebec for the Respondent