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                                                                                                                                            Date: 20010626

                                                                                                                               Docket: IMM-5472-00

Neutral Citation: 2001 FCT 707

MONTRÉAL, QUEBEC, THE 26TH DAY OF JUNE, 2001

Present:           THE HONOURABLE MR. JUSTICE NADON

Between:

MOHAMMAD RAFAY BUTT

Applicant

AND

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

Application for leave and for judicial review of the decision of the Immigration and Refugee Board rendered September 27, 2000 by Mr. Michael Hamelin, a Board member, in docket MA0-00566 pursuant to section 82.1(2) of the Immigration Act.

ORDER AND REASONS FOR ORDER

NADON J.

[1]         The application for judicial review is dismissed.


[2]         The Refugee Division concluded, in light of the evidence and more particularly in light of the documentary evidence, that the applicant's fear of persecution was without foundation. The Division also expressed doubts about his credibility.

[3]         In view of the absence of the applicant's counsel, I have not had the benefit of her oral submissions. However, I did consider the applicant's written submissions.

[4]         Unfortunately for the applicant, I am not at all persuaded that the Division made any reviewable error.

"Marc Nadon"

J.

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20010626

                                                 Docket: IMM-5472-00

Between:

MOHAMMAD RAFAY BUTT

Applicant

AND

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

ORDER

AND REASONS FOR ORDER


FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET NO:                          IMM-5472-00

STYLE:                                       MOHAMMAD RAFAY BUTT

Applicant

AND

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

PLACE OF HEARING:            Montréal, Quebec

DATE OF HEARING: June 26, 2001

REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE NADON

DATED:                                     June 26, 2001

APPEARANCES:

Jayne Davis                                                                        FOR THE APPLICANT

Patricia Gravel                                                     FOR THE RESPONDENT

SOLICITORS OF RECORD:

Jayne Davis

Montréal, Quebec                                                             FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

Montréal, Quebec                                                             FOR THE RESPONDENT

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