CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Ahmed v. Canada (Minister of Citizenship and Immigration)
IMM-4571-01
2003 FCT 180, Heneghan J.
17/2/03
10 pp.
Judicial review of decision of Immigration and Refugee Board (Board) determining applicant not Convention refugee --Whether conclusion patently unreasonable--Board relied extensively on documentary evidence before it in reaching conclusion internal flight alternative (IFA) available to applicant in Pakistan--Record deficient since not containing material upon which Board relied and considered of sufficient importance to mention in reasons--Such documentary material, not contained in record submitted to Court, critical evidence, as prompted Board to assign no weight to first information report (police report about applicant) which may have been effective throughout all of Pakistan--Finding allowed Board to conclude IFA viable--When such important evidence missing from tribunal record, Court impeded from evaluating context and content of documentary evidence relied upon by Board--Furthermore, several other documentary sources relied upon and footnoted by Board in reasons missing from certified tribunal record--Deficiencies in record give rise to apprehension Board rendered conclusion in absence of evidence supporting it--Absence of evidence casts doubt upon conclusion reached by Board--Board's conclusion not justified by evidence submitted, by respondent, to Court-- Application for judicial review allowed.