Digests

Najmi v. Canada (Minister of Citizenship and Immigration)

IMM-4425-01

2002 FCT 885, Dawson J.

19/8/02

11 pp.

Judicial review of CRDD's decision applicants not Convention refugees--CRDD finding adult applicants may have been born in Pakistan on basis of driver's licence, fact spoke Urdu, Pakistani, Punjabi--Reasons silent as to weight given to birth certificates--Reasons ought to have been given for doubting authenticity of birth certificates if provenance in doubt--CRDD also found no reliable evidence to place applicants in Pakistan after 1997--No reference made to letter confirming Mr. Najmi worked as social worker in Margalla, and in 1999 prominent figure in dispute as to whether to build mosque in town--The more important the evidence not specifically mentioned, analysed in reasons, the more willing courts are to infer from absence of reference to evidence that CRDD's finding made without regard thereto--Letter so central to Mr. Najmi's claim that Court inferred from CRDD's failure to mention it in reasons that finding no reliable evidence to place Mr. Najmi in Pakistan after 1997 made without regard to evidence--In reaching conclusion as to residence, CRDD relied on finding that incredible no one told claimants school documents would be needed before CRDD, and on inference not supported by evidence--Thus CRDD's conclusion about nationality, residence after 1997 made without regard to evidence--CRDD relied upon what it found to be exaggeration of Mr. Najmi's profile in Pakistan Muslim League (PML), lack of political knowledge to undermine credibility--Mr. Najmi stated position not high-ranking or extraordinary--CRDD improperly drew negative inference from omission to mention held executive position in Personal Information Form, expected him to have political expertise of more senior party member--No basis in evidence for finding position "significant political position"--Minister conceding CRDD erred in finding Mr. Najmi could not identify name of PML candidate in riding, in stating Mr. Najmi testified driving cars for members of National Assembly in Karachi in 1999, 2000--Conclusion basis of claim undermined therefore not supported by cogent reasons--Because of membership in PML Youth Wing involved in attempts to seek government intervention to stop construction of mosque in neighbourhood --After military took over Pakistan in 1999, construction of mosque resumed, applicants threatened by extremist group for previous opposition--When analysing documentary evidence CRDD misconstrued basis of fear as being because of membership in PML, erroneously concluded such fear not well-founded because documentary evidence before CRDD failed to establish members of political groups targeted--Mr. Najmi expressly testified fear based upon personal outspokenness against construction of mosque--Application allowed.