Federal Court Decisions

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Date: 20050207

Docket: IMM-1896-04

Citation: 2005 FC 177

BETWEEN:

                                                        MOHSEN MIRZABEIGI

                                                                                                                                            Applicant

                                                                           and

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

SIMPSON, J.

[1]                Mohsen Mirzabeigi (the "Applicant") alleges that he is a citizen of Iran and that he was born on April 17, 1971.

[2]                On August 15, 1999, the Applicant says that he met his girlfriend, Cathy, who would later become his fiancée. Cathy is a Christian from Los Angeles, California, U.S.A. who was in Iran to take care of her ailing grandmother. The couple dated for approximately three years.

[3]                They attended a party on January 3, 2003 which was raided. They were detained for one week and released after bribing authorities. During the Applicant's interrogation, a picture of Cathy was found in his wallet.

[4]                Shortly thereafter, at the insistence of Cathy's father, the Applicant converted from Islam to Christianity. For fear of persecution, he told no one but his business associate of seventeen years.

[5]                His business associate began threatening to expose the fact that the Applicant had converted. This extortion caused friction between the Applicant and Cathy. In addition, Cathy's grandmother began receiving strange and threatening phone calls. Cathy left Iran on April 23, 2003 without notifying the Applicant.

[6]                The Applicant then began to receive threatening phone calls himself and was followed in a threatening manner. Additionally, he received threats that a picture taken with Cathy outside the church on the day of his conversion would be sent to the authorities.

[7]                The Applicant arranged to flee Iran with the help of an agent. He allegedly followed the agent's instructions to destroy all his documentation including his valid passport, and letters and pictures pertaining to Cathy.

[8]                On June 5, 2003, the Applicant came to Canada and made his refugee claim. Since then he has attended regular church services at the Bayview Church. He obtained a letter from its priest in which he expresses his opinion that the Applicant is a devout Christian who converted to Christianity while in Iran.

[9]                The Applicant's hearing was originally set for October 7, 2003. It was adjourned to allow one of his friends to travel to Iran to secure original documents verifying his conversion. On January 6, 2004, the hearing reconvened. The friend had apparently not travelled to Iran. No explanation was provided.

THE DECISION

[10]            The Refugee Protection Division (the "RPD")accepted that the Applicant is a citizen of Iran. The RPD also accepted that a person converting from Islam to Christianity in Iran faces serious consequences.

[11]            However, the RPD doubted the plausibility of the Applicant's evidence and concluded that there had never been a conversion or a fiancée named Cathy.

[12]            The RPD took issue with many aspects of the Applicant's evidence including:


1.          the Applicant's lack of any documentation or pictures regarding the existence of Cathy

2.          the Applicant's failure to attempt to contact Cathy for assistance with his refugee claim when he knew that she was in Los Angeles

3.          the fact that the Applicant would have a picture taken in front of the church on the day of his conversion given the risks involved

4.          the sudden extortion from a business associate of seventeen years

5.          the destruction of all documentation especially his valid passport

6.          the fact that Cathy suddenly abandoned the Applicant without even saying goodbye

7.         the complete lack of evidence about the conversion and the lack of any effort to obtain proof of the conversion by contacting the church or the priest in Iran

8.          the lack of an adequate explanation for the Applicant's failure to leave Iran with Cathy before his conversion

[13]            I have carefully reviewed the Applicant's submissions and can find no reviewable error which would justify a reversal of the RPD's conclusions about the Applicant's credibility. The Applicant's allegations were, as the RPD specified, inherently implausible, and no effort was made to obtain corroborating evidence in situations in which such evidence could reasonably be expected to have been available.


CONCLUSION

[14]            For these reasons, an order will be made dismissing the application.

                 "Sandra J. Simpson"          

JUDGE

Ottawa, Ontario

February 7, 2005


                                                             FEDERAL COURT

                                     Names of Counsel and Solicitors of Record

DOCKET:                                           IMM-1896-04

STYLE OF CAUSE:               MOHSEN MIRZABEIGI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

PLACE OF HEARING:                        TORONTO, ONTARIO

DATE OF HEARING:                          WEDNESDAY, SEPTEMBER 29, 2004   

REASONS FOR ORDER BY:             SIMPSON J.

DATED:                                                 FEBRUARY 7, 2005

APPEARANCES BY:                            Mr. Harvey Savage

For the Applicant

Mr. Stephen Jarvis

For the Respondent

                                                                                                                                                           

SOLICITORS OF RECORD:                Mr. Harvey Savgage

                                                                 Barrister & Solicitor

Toronto, Ontario

For the Applicant                                                       

John H. Sims, Q.C.

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT

                                                       Date: 20050207

                                    Docket: IMM-1896-04

BETWEEN:

MOHSEN MIRZABEIGI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                               Respondent

                                                 

REASONS FOR ORDER

                                                 

                                                                                   


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