CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Bhallu v. Canada (Solicitor General)
IMM-7829-03
2004 FC 1324, Pinard J.
1/10/04
5 pp.
Judicial review of Pre-Removal Risk Assessment Officer's decision applicant not facing risk of torture, cruel and unusual treatment or punishment, risk to life--Applicant submitting hearing should have been held as credibility at stake-- Hearings within context of pre-removal risk assessment (PRRA) application held only in exceptional cases, when all circumstances listed in Immigration and Refugee Protection Regulations, s. 167 met--Issue of credibility not central to officer's decision in PRRA--Officer not committing patently unreasonable error by giving no weight to either sarpanch's new affidavit, applicant's medical certificate or father's medical certificate--Applicant attempting to have Court reweigh evidence before officer--Not within Court's mandate in context of judicial review to re-evaluate evidence--Court must simply examine officer's decision, determine whether reviewable error made--To rebut presumption decision maker will act impartially, applicant must present more than vague allegations as to bias--That same officer processed both PRRA, humanitarian and compassionate applications on same day not sufficient to give rise to claim of bias--Decisions dealing with all evidence presented and coming to reasonable conclusions--Immigration and Refugee Protection Regulations, SOR/2002-227, s. 16.