Date: 19971205
Docket: IMM-228-97
Ottawa, Ontario, the 5th day of December 1997.
Present: The Honourable Mr. Justice Pinard
Between:
Konstantin FEDONIN,
Irina FEDONINA,
Olga FEDONINA,
Dmitriy FEDONIN,
Applicants,
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
ORDER
The application for judicial review of the decision rendered on December 20, 1996 by the Convention Refugee Determination Division, which found that the applicants are not Convention refugees, is dismissed.
YVON PINARD
JUDGE
Certified true translation
Christiane Delon
Date: 19971205
Docket: IMM-228-97
Between:
Konstantin FEDONIN,
Irina FEDONINA,
Olga FEDONINA,
Dmitriy FEDONIN,
Applicants,
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
PINARD J.:
[1] The application for judicial review concerns a decision rendered on December 20, 1996 by the Convention Refugee Determination Division, which found that the applicants Konstantin Fedonin, his spouse Irina Fedonina, their daughter Olga Fedonina and their son Dmitriy Fedonin are not Convention refugees as defined in subsection 2(1) of the Immigration Act.
[2] When she began her argument, counsel for the applicants stated that she was unable to invalidate the portion of the panel"s decision finding that the applicants had an internal flight alternative in the north of Kazakhstan. As I told her at the hearing, she thereby eliminated any chance that the application for judicial review had of succeeding. Counsel nevertheless tried to persuade me that the panel had made such a flagrant error in assessing the evidence and in how it distinguished between persecution and discrimination that this Court had to intervene.
[3] After examining the evidence, however, I see no reviewable error in the panel"s decision. The Refugee Division was perfectly entitled to prefer the documentary evidence to the applicants" claims and ultimately not to believe the applicants [translation ] "when they allege that their rights were breached" (see M.E.I. v. Zhou (July 18, 1994), A-492-91; Victorov v. M.C.I. (June 14, 1995), IMM-5170-94; and Andrade et al. v. M.C.I. (May 5, 1997), IMM-2361-96). Accordingly, the application for judicial review must be dismissed.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
December 5, 1997
Certified true translation
Christiane Delon
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT NO.: IMM-228-97 |
| STYLE OF CAUSE: Konstantin FEDONIN et al. v. M.C.I. |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: December 4, 1997 |
| REASONS FOR ORDER BY: PINARD J. |
| DATED: December 5, 1997 |
APPEARANCES:
Eveline Fiset FOR THE APPLICANTS
Michel Pépin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Eveline Fiset FOR THE APPLICANTS
Montréal, Quebec
George Thomson FOR THE RESPONDENT
Deputy Attorney General of Canada