Ottawa, Ontario, August 30th, 2007
PRESENT: The Honourable Mr. Justice O'Reilly
BETWEEN:
and
AND IMMIGRATION
REASONS FOR JUDGMENT AND JUDGMENT
[1]
Mr.
Kris Jagmohan came to Canada from Trinidad and Tobago as a farm
worker during the autumn months of 2003, 2004 and 2005. He did not return home
after his last stint, instead, he remained in Canada and made a
claim for refugee protection.
[2]
A
panel of the Immigration and Refugee Board heard and dismissed his claim in
2006. Mr. Jagmohan argues that the Board failed to appreciate the essence of
his claim and asks me to order a new hearing. I can find no basis for
overturning the Board’s decision and must, therefore, dismiss this application
for judicial review.
I.
Issue
[3] Did the Board fail to consider the essence of Mr. Jagmohan’s claim?
II. Analysis
[4]
Mr.
Jagmohan alleged that he was the victim of a robbery and that he was singled
out by the perpetrators because of his race. His ancestry is Indian. He claims
that Indians are persecuted by blacks in Trinidad and Tobago, and that
the police force, being predominantly black, does not protect the Indian
population.
[5]
The
Board found that the documentary evidence showed that crime was a genuine
problem in Trinidad
and Tobago.
However, the evidence did not support Mr. Jagmohan’s assertion that Indians are
singled out or that the police do not protect them. Accordingly, the Board
concluded that Mr. Jagmohan had not been persecuted because of his race or
membership in a particular social group, nor was he likely to be exposed to a
risk of cruel and unusual treatment, torture or death.
[6] I have reviewed the entire record carefully and can find no basis for overturning the Board’s decision. Therefore, I must dismiss this application for judicial review. No question of general importance will be certified.
JUDGMENT
THIS COURT’S JUDGMENT IS THAT:
1. The application for judicial review is dismissed;
2.
No
question of general importance is stated.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-5167-06
STYLE OF CAUSE: KRIS JAGMOHAN v. MCI
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: August 15, 2007
APPEARANCES:
MR. KRIS JAGMOHAN
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|
MS. DUPE OLUYOMI |
|
SOLICITORS OF RECORD:
MR. KRIS JAGMOHAN Toronto, Ontario
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(SELF REPRESENTED) |
JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario |