Pereira v. Canada ( Minister of Citizenship and Immigration )
IMM-3460-98
Gibson J.
11/6/99
10 pp.
Assessing weight of evidence-Application for judicial review of Immigration Appeal Division (IAD) decision dismissing appeal against execution of removal order issued against applicant-Applicant, permanent resident in Canada, married, divorced in Canada-Son in ex-wife's custody-Sexually assaulted wife on two occasions after separation, before divorce final-Convicted, sentenced to emprisonment for two years less one day-Parole after less than nine months-Removal order issued as result of conviction-Appealed against execution of removal order on ground that, having regard to all circumstances of case, should not be removed from Canada-Appeal dismissed by IAD-Application for judicial review of that decision dismissed-No doubt IAD chose to single out and rely on limited aspects of evidence, and to reject burden of greater part of evidence in favour of applicant-Open to IAD to focus as did, and in result to give little or no weight to much of evidence before it, including expert opinion-Assessing weight to be given to evidence, including expert evidence, matter for determination by tribunal hearing it: Pehtereva v. Canada (Minister of Citizenship and Immigration) (1995), 103 F.T.R. 200 (F.C.T.D.)-IAD did not ignore evidence-Its findings or conclusions not perverse having regard to totality of evidence before it-Did not act unreasonably.