Deyab c. Canada (Citizenship and Immigration), 2013 FC 881 (2013)

Conférencier:The Honourable Mr. Justice Manson
Numéro de Registre:IMM-7787-12
Parties:Deyab c. Canada (Citizenship and Immigration)
 
EXTRAIT GRATUIT

Federal Court - Deyab v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc881/2013fc881.html

Date: 20130819

Docket: IMM-7787-12

Citation: 2013 FC 881

Ottawa , Ontario , August 19, 2013

PRESENT: The Honourable Mr. Justice Manson

BETWEEN:

AMR MOSTAFA DEYAB

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application for judicial review of the decision of a member of the Refugee Protection Division of the Immigration and Refugee Protection Board [the Board], pursuant to subsection 72(1) of the Immigration and Refugee Protection Act , SC 2001, c 27 [the Act]. The Board dismissed the applicant’s claim for refugee protection, concluding that he was not a convention refugee or person in need of protection under sections 96 and 97 of the Act.

[2] On May 1, 2013, Justice Simpson struck the Applicant’s memorandum of argument and affidavit dated September 3, 2012 in response to the Respondent’s application that the Applicant’s affidavit contained inadmissible argument and opinion. A fresh memorandum of argument and affidavit was filed by the Applicant on May 31, 2013.

I. Background

[3] The Applicant is a citizen of Egypt. He came to Canada in 2001 and studied until 2006 on a student visa. He returned to Egypt for a month in December, 2004. During that visit, he became engaged in an argument with officials of Hosni Mubarak’s National Democratic Party. He claims that he was beaten by police during a brief detention.

[4] Following this incident, he returned to Canada in January, 2005, where he remained until his student visa expired in January, 2007. Having no status, he was removed to Egypt in September, 2009. When he arrived in Egypt he was detained by police for eight days. The Applicant alleges he was beaten and food and drinks were withheld during his detention.

[5] He alleges that his detention was based on charges against him that had been laid following his altercation with government officials during his trip to Egypt in 2004. Unbeknown to him, he was sentenced in absentia in 2008 to two years in jail and hard labour. Despite this sentence, he managed to secure his release on September 11, 2009, through unofficial means.

[6] Despite being wanted by the police, he remained in Egypt for several months and managed to evade capture by the authorities. During that time, he obtained a visa to the United Kingdom and the United States, and an Egyptian passport. The Respondent alleges the Applicant obtained a German visa but the Applicant disputes this. He also applied for a visitor visa to Canada and an authorization to return...

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