TARIQ SYED Applicant v. THE MINISTER OF, 2015 FC 347

Date: 20150319 Docket: IMM-324-14 Citation: 2015 FC 347 Toronto, Ontario, March 19, 2015 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: TARIQ SYED Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [ 1 ] This is a judicial review of a Pre-Removal Risk Assessment (“PRRA” ) Officer’s decision dated November 29, 2013 wherein the application was rejected. [ 2 ] The Applicant is an adult male citizen of Pakistan. He was a member of a police force there during a tumultuous period when several atrocities were committed.

He fled Pakistan in 1997 and came to Canada where he claimed refugee protection. That claim was rejected in a decision of the Immigration and Refugee Board dated June 30, 1999. In that decision, the Board concluded that the Applicant was excluded under

article IF(

a) of the Convention as there were serious reasons for considering that he was complicit in crimes against humanity during his tenure with the police. [ 3 ] This is the third PRRA sought by the Applicant. Given the findings of the Board, the PRRA considerations are limited to those found in

section 97 of the Immigration and Refugee Protection Act , S.C. 2001, c. 27. [ 4 ] In the application before me, Applicant’s Counsel argued in the written materials that previous Counsel was incompetent. At the hearing, that argument was withdrawn. Also in the material in the Applicant’s Record and supporting affidavit, were facts and documents not before the PRRA Officer. Applicant’s Counsel agreed that it would not be proper for me to have regard to this material. [ 5 ] What is left are the Applicant’s submissions as to the view taken of the evidence by the PRRA Officer.

While differing views may be taken as to such evidence, the view taken by the Officer was within the bounds of reasonableness. The application will be dismissed. [ 6 ] No party requested a certified question. JUDGMENT THIS COURT’S JUDGMENT is that: 1. The application is dismissed; 2. No question is certified; 3. No order as to costs. “Roger T. Hughes” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-324-14 STYLE OF CAUSE: TARIQ SYED v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: March 18, 2015 JUDGMENT AND REASONS: HUGHES J.

DATED: March 19, 2015 APPEARANCES : Krassina Kostadinov For The Applicant Suzanne M. Bruce For The Respondent SOLICITORS OF RECORD : Waldman & Associates Barrister and Solicitor Toronto, Ontario For The Applicant William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent