Federal Court Decisions

Decision Information

Rasheed v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2008-02-15
Neutral citation 2008 FC 194
File numbers IMM-431-07

Decision Content

 

 

 

Date: 20080215

Docket: IMM-431-07

Citation: 2008 FC 194

Ottawa, Ontario, February 15, 2008

PRESENT:     The Honourable Mr. Justice Phelan

 

 

BETWEEN:

ABDUL RASHEED

Applicant

and

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

 

REASONS FOR JUDGMENT AND JUDGMENT

 

[1]               This is a judicial review of a PRRA decision where the Officer found that there was no new risk established between the risk examined by the Refugee Protection Division (RPD) and that alleged in the PRRA.

 

[2]               The RPD had rejected the Applicant’s claim based largely upon lack of credibility of his own testimony as well as the existence of an internal flight alternative (in this instance, in Islamabad). No application for leave of the RPD decision was filed.

 

[3]               Notwithstanding the valiant efforts of new counsel to rescue the Applicant from the consequences of the RPD’s decision, using the PRRA decision, I am not persuaded.

 

[4]               Whatever may be said about the Officer’s analysis (and I do not wish to imply that I agree that it was legally infirmed), the fact remains that no new risk was submitted in the PRRA decision. A PRRA is not to be a collateral attack on the RPD decision.

 

[5]               Therefore, this judicial review is dismissed. No question for certification exists.

 

 

 

JUDGMENT

THIS COURT ORDERS AND ADJUDGES that this application for judicial review is dismissed.

 

 

 

“Michael L. Phelan”

Judge

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          IMM-431-07

 

STYLE OF CAUSE:                          ABDUL RASHEED

 

                                                            and

 

                                                            THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      December 12, 2007

 

REASONS FOR JUDGMENT

AND JUDGMENT:                          Phelan J.

 

DATED:                                             February 15, 2008

 

 

 

APPEARANCES:

 

Mr. Micheal Crane

 

FOR THE APPLICANT

Mr. John Loncar

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

MR. MICHEAL CRANE

Barrister & Solicitor

Toronto, Ontario

 

FOR THE APPLICANT

MR. JOHN H. SIMS, Q.C.

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT

 

 

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