Date: 19990519
Docket: IMM-1592-98
BETWEEN: MOHSAN RAZA BUTT
Applicant
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
DENAULT J.
[1] The applicant, a citizen of Pakistan, seeks a judicial review of the decision of the Convention Refugee Determination, Division of Immigration and Refugee Board (the Tribunal) wherein he was denied refugee status.
[2] The only issue before the Tribunal was whether the claimant could live elsewhere in Pakistan, i.e. was an internal flight alternative available to him? The Tribunal first found that the claimant would not face a reasonable risk of persecution were he to return to Pakistan. As to the second criteria set out in Thirunavukkarasu v. Canada (Minister of Employment and Immigration, [1994] 1 F.C. 589 (C.A.), the reasonableness of the relocation, the Tribunal stated:
| The claimant is an intelligent young man of 26 years old. Except for kidney stones and some back problems due to his falling during his few day training with the HM, he is healthy. He has relatives in Punjab. He was able to travel to Canada and relocate here. The tribunal considers that it would not be unreasonable to expect him to relocate in Pakistan outside Azad Kashmir, for instance, in Punjab. (my underlining) |
[3] Counsel for the applicant raises but one issue: the proven ability of a claimant to resettle himself in the country of refuge is not a relevant factor in determining the reasonableness of seeking internal refuge in his home country.
[4] While I agree with counsel for the applicant that the ability to resettle in the country of refuge is not a relevant factor, in the circumstances of this case, I am not satisfied that this impugned statement by the Tribunal warrants the Court"s intervention. Indeed, it is not unreasonable to conclude that, having found that the claimant was intelligent, young, healthy and had relatives in Punjab, the Tribunal, by underlining an other positive factor of his character, wanted to compliment him on his resourcefulness. The claimant's ability to travel to Canada and relocate here simply confirmed the Tribunal's view that he could "... relocate in Pakistan outside Azad Kashmir, for instance, in Punjab."
[5] The intervention of this Court is not warranted. Consequently, this application for judicial review is dismissed.
Pierre Denault
Judge
MONTREAL, QUEBEC
May 19, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-1592-98
STYLE OF CAUSE: MOHSAN RAZA BUTT
Applicant
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: May 19, 1999
REASONS FOR ORDER OF DENAULT J.
DATED: May 19, 1999
APPEARANCES:
Me Pia Zambelli for the Applicant
Me Sherry Rafaifar for the Respondent
SOLICITORS OF RECORD:
Me Pia Zambelli, avocats
Montréal, Québec for the Applicant
Morris Rosenberg
Deputy Attorney Generalo f Canada
Montréal (Québec) for the Respondent