Ottawa, Ontario, February 15, 2008
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
and
AND IMMIGRATION
REASONS FOR JUDGMENT AND JUDGMENT
[1] This is a judicial review of a PRRA decision where the Officer found that there was no new risk established between the risk examined by the Refugee Protection Division (RPD) and that alleged in the PRRA.
[2] The RPD had rejected the Applicant’s claim based largely upon lack of credibility of his own testimony as well as the existence of an internal flight alternative (in this instance, in Islamabad). No application for leave of the RPD decision was filed.
[3] Notwithstanding the valiant efforts of new counsel to rescue the Applicant from the consequences of the RPD’s decision, using the PRRA decision, I am not persuaded.
[4] Whatever may be said about the Officer’s analysis (and I do not wish to imply that I agree that it was legally infirmed), the fact remains that no new risk was submitted in the PRRA decision. A PRRA is not to be a collateral attack on the RPD decision.
[5] Therefore, this judicial review is dismissed. No question for certification exists.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that this application for judicial review is dismissed.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-431-07
STYLE OF CAUSE: ABDUL RASHEED
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: December 12, 2007
APPEARANCES:
Mr. Micheal Crane
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Mr. John Loncar
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SOLICITORS OF RECORD:
MR. MICHEAL CRANE Barrister & Solicitor Toronto, Ontario
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MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario |