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                                                                                                                                Date: 20050617

                                                                                                                      Docket: IMM-9159-04

                                                                                                                     Citation: 2005 FC 845

BETWEEN:

                                                            ARWINDER SINGH

                                                                                                                                          Applicant

                                                                         -and-

                                                    MINISTER OF CITIZENSHIP

                                                            AND IMMIGRATION

                                                                                                                                     Respondent

                                                        REASONS FOR ORDER

PINARD J.

[1]         This is an application for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board (the IRB) dated October 4, 2004, that the applicant is not a "Convention refugee", or a "person in need of protection" as defined under sections 96 and 97 respectively of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

[2]         Arwinder Singh (the applicant) is citizen of India. He alleges that he has a well-founded fear of persecution based on his being a Sikh in Pendjab and also based on his membership in a social group: that of the family.               


[3]         The IRB did not believe the applicant's story. After reviewing the evidence, I cannot identify anything that is clearly irrational in the assessment of that evidence. The applicant himself explained that his grandfather had obtained certain documents to help him flee the country and that those documents were forged. The applicant also obtained 22 affidavits from neighbours and friends - again, with the help of his grandfather. Even if the applicant does not admit that those affidavits are false, the panel was entitled to not assign them any weight, as the grandfather had already used forged documents to help him.

[4]         The IRB also found it implausible that the applicant had lived in hiding since 1990, that he had been taken in 1997 and that he had stayed in the country even after he had been shot at in 1998. The applicant then waited two years before fleeing the country. Further, he waited for more than a year before claiming refugee status once he had arrived in Canada. Even if the panel had accepted the applicant's story to the effect that the arrangements enabling him to leave India had taken two years and that he only learned four months after his arrival in Canada that he could claim refugee protection, waiting eight months before applying for protection is inconsistent with a subjective fear of persecution. Moreover, while he was in hiding, the applicant never filed a complaint with the police. If he truly feared being killed, he would certainly have done everything possible to prevent the threats to his life.

[5]         In the circumstances, as a palpable and overriding error has not been established, this Court cannot substitute its own assessment of the facts for that of the administrative tribunal. I have not been persuaded that the inferences drawn by this specialized panel could not reasonably have been drawn (Aguebor v. Canada (M.E.I.) (1993), 160 N.R. 315 (F.C.A.)). Accordingly, the application for judicial review is dismissed.

                           "Yvon Pinard"                      

       JUDGE

Ottawa, Ontario

June 17, 2005

Certified true translation


Kelley A. Harvey, BCL, LLB


                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                                       IMM-9159-04

STYLE OF CAUSE:                                      ARWINDER SINGH v. MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                  Montréal, Quebec

DATE OF HEARING                                     May 16, 2005

REASONS FOR ORDER:                            Pinard J.

DATE OF REASONS:                                  June 17, 2005           

APPEARANCES:

Michel Lebrun                                                 FOR THE APPLICANT

Martine Valois                                                FOR THE RESPONDENT

SOLICITORS OF RECORD:

Michel Lebrun                                                 FOR THE APPLICANT

Montréal, Quebec

John H. Sims, Q.C.                                        FOR THE RESPONDENT

Deputy Attorney General of Canada

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