Date: 20000907
Docket: IMM-4024-96
BETWEEN:
ALLEN TEHRANKARI
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
[1] These reasons confirm those rendered orally at the conclusion of the hearing on this application for judicial review held at Toronto, Ontario, on September 6, 2000.
[2] The applicant seeks judicial review of the decision of the Minister dated October 11, 1996 wherein she determined that the applicant was a danger to the public in Canada.
[3] The issue is whether the Minister's officer ignored evidence of torture to the applicant and his fear of persecution because of his political dissidence. There were many other issues which I have ignored in light of my views on the foregoing issues.
[4] The standard of review is reasonableness simpliciter.
[5] The applicant in his Biography of Early Years, Tribunal Record, pages 351 and 352, stated that he had been in the Iranian army and fought at the front in the Iran-Iraq war and remained there for fourteen months. He was wounded by bayonet and was in hospital for over a month. He went on to state at page 352:
| ...When I was nearly recovered, I was told that I wold soon return to the front. After all I had been through, I was in a very emotional state. I refused to fight anymore. I yelled at and cursed Khomani and his followers. I was very upset and carried on and on with my protestations. |
| As a result of my outspokenness I was classified as a traitor. I was arrested by the revolutionary Guards. I was taken to a military jail. I was not allowed visits. I was not charged, not allowed to speak to a lawyer, and taken to no court. I was fed inadequately, and was severely beaten, raped and tortured. My feet are scarred from the beatings that took place every few days. |
| In August 1984 I had been in prison for 20 and [frac12] months ... |
[6] The memo to the delegate of the Minister made no mention of the torture of the applicant nor his fear of persecution because of his political dissidence except as follows: there were two references to being an escapee from political custody and a reference to a possibility of future torture, but none of the past torture. Past torture of an individual is always material and must be highlighted in any assessment of risk. The officer should have also discussed the applicant's fear of persecution because of his political dissidence and not emphasised to the same extent his fear of persecution for being a deserter since it was a secondary fear. If the Minister and his officials doubt any part of the applicant's evidence, they must provide the applicant with an oral hearing.
[7] The Minister must balance the risk to the applicant with the danger to the public. Since the Minister ignored material evidence relating to past torture of the applicant and his fear of persecution because of political dissidence in performing the risk assessment, there is no proper risk assessment.
[8] At the conclusion of the hearing, I ordered that the application for judicial review be allowed and that the matter be returned to the Minister for redetermination in a manner not inconsistent with these reasons. An order so providing, orally rendered at the conclusion of the hearing, has been confirmed in writing.
"W. P. McKeown"
J.F.C.C.
Toronto, Ontario
September 7, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4024-96 |
| STYLE OF CAUSE: ALLEN TEHRANKARI |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: WEDNESDAY, SEPTEMBER 6, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: McKEOWN J. |
DATED: THURSDAY, SEPTEMBER 7, 2000
| APPEARANCES BY: Mr. Lorne Waldman |
| For the Applicant |
| Mr. Kevin Lunney |
For the Respondent
| SOLICITORS OF RECORD: Waldman, Jackman & Associates |
| Barristers & Solicitors |
| 281 Eglinton Avenue East |
| Toronto, Ontario |
| M4P 1L3 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000907
Docket: IMM-4024-96
BETWEEN:
| ALLEN TEHRANKARI |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |