Alam v. Canada (Minister of Citizenship and Immigration), (2014) 456 F.T.R. 188 (FC)

• Judge: Shore, J.
• Court: Federal Court (Canada)
• Case Date: June 03, 2014
• Jurisdiction: Canada (Federal)
• Citations: (2014), 456 F.T.R. 188 (FC);2014 FC 556

Alam v. Can. (M.C.I.) (2014), 456 F.T.R. 188 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] F.T.R. TBEd. JN.015

Morshed Alam (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-7893-13; 2014 FC 556; 2014 CF 556)

Indexed As: Alam v. Canada (Minister of Citizenship and Immigration)

Federal Court

Shore, J.

June 10, 2014.

Summary:

The applicant, a citizen of Bangladesh, applied for refugee protection. Prior to his arrival in Canada, the applicant was an active member of the Bangladesh Nationalist Party (BNP), a rival political party to the country's current governing party. The Refugee Protection Division of the Immigration and Refugee Board found that the applicant had made significant contributions to the BNP's violent activities, and was therefore excluded from refugee protection under Article 1F(c) of the United Nations Convention Relating to the Status of Refugees. The applicant applied for judicial review.

The Federal Court allowed the application and remitted the matter for re-determination by another member of the Board.

Aliens - Topic 1330.4

Admission - Refugee protection, Convention refugees and persons in need of protection - Disqualifications - Acts contrary to the purposes and principles of the United Nations - Alam, a citizen of Bangladesh, was a member of the Bangladesh Nationalist Party (BNP), a rival political party to the country's current governing party - Alam became an executive member of his local branch in 2003 - He applied for refugee status in 2012 - The Refugee Protection Division (RPD) found that he was excluded from refugee protection under Article 1F(c) of the United Nations Convention Relating to the Status of Refugees, because he had made significant contributions to the BNP's violent activities between 2001 and 2008 - The RPD did not believe that Alam was unaware of the violence committed by the BNP - In its credibility findings, it gave significant weight to the fact that Alam blamed the BNP's political rival for the majority of the violence reported by the media - The RPD stated that Alam was "blinded by his loyalty" to the BNP - The Federal Court allowed Alam's application for judicial review - The RPD's basis for concluding that Alam was not credible was unreasonable - There was little evidence, if any, indicating that Alam's belief was wrong or untruthful - The RPD failed to even summarily address relevant country condition evidence which clearly supported Alam's belief - Alam appeared, credibly, to be unaware of any criminal purpose the BNP might have had - This was not one of those "clearest of cases" where the RPD should have proceeded with an implausibility finding.

Aliens - Topic 1331

Admission - Refugee protection, Convention refugees and persons in need of protection - Evidence - [See Aliens - Topic 1330.4 ].

Cases Noticed:

Zazai v. Canada (Minister of Citizenship and Immigration), [2005] 2 F.C.R. 78; 262 F.T.R. 246 (F.C.), affd. (2005), 339 N.R. 201; 142 A.C.W.S.(3d) 828; 2005 FCA 303, refd to. [para. 1].

Jayasinghe v. Canada (Minister of Citizenship and Immigration) (2007), 309 F.T.R. 185; 2007 FC 193, refd to. [para. 1].

Ezokola v. Canada (Minister of Citizenship and Immigration), [2013] 2 S.C.R. 678; 447 N.R. 254; 2013 SCC 40, refd to. [para. 3].

Plaisir v. Canada (Minister of Citizenship and Immigration) (2007), 325 F.T.R. 60; 2007 FC 264, refd to. [para. 18].

Salgado v. Canada (Minister of Citizenship and Immigration) (2006), 289 F.T.R. 1; 2006 FC 1, refd to. [para. 18].

Harb v. Canada (Minister of Citizenship and Immigration) (2003), 238 F.T.R. 194; 2003 FCA 39, refd to. [para. 18].

Aguebor v. Ministre de l'Emploi et de l'Immigration (1993), 160 N.R. 315 (F.C.A.), refd to. [para. 23].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 23].

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al., [2011] 3 S.C.R. 654; 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 23].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 23].

Mohammed v. Canada (Minister of Citizenship and Immigration), [2013] F.T.R. Uned. 651; 2013 FC 1268, refd to. [para. 26].

Cepeda-Gutierrez et al. v. Canada (Minister of Citizenship and Immigration) (1998), 157 F.T.R. 35 (T.D.), refd to. [para. 27].

Valtchev v. Canada (Minister of Citizenship and Immigration) (2001), 208 F.T.R. 267; 2001 FCT 776, refd to. [para. 33].

Diaz v. Canada (Minister of Citizenship and Immigration), [2014] F.T.R. Uned. 157; 2014 FC 389, refd to. [para. 33].

Counsel:

Michael Dorey, for the applicant;

Sherry Rafai Far, for the respondent.

Solicitors of Record:

Michael Dorey, Montreal, Quebec, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent.

This application for judicial review was heard at Montreal, Quebec, on June 3, 2014, before Shore, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on June 10, 2014.