Date: 20000517
Docket: IMM-3858-99
Between :
EREOLA DALE KINGSLEY
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
[1] The application for judicial review concerns a decision handed down on July 12, 1999 by the Convention Refugee Determination Division of the Immigration and Refugee Board, according to which the applicant is not a Convention refugee, as defined in subsection 2(1) of the Immigration Act, R.S.C. (1985), c. I-2.
[2] In my view, this matter solely concerns a question of credibility and assessment of facts. While I do not necessarily fully endorse the analysis of the facts conducted by the Refugee Division, I am not convinced, after reviewing all the evidence, that the Refugee Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard to the material before it (paragraph 18.2(4)(d) of the Federal Court Act, R.S.C. (1985), c. F-7). Nor am I convinced that the inferences made by this specialized tribunal could not be reasonably drawn (see Aguebor v. M.E.I. (1993), 160 N.R. 315).
[3] Furthermore, since the Refugee Division's perception that the applicant is not credible is in fact equivalent to a finding that there is no credible basis for his refugee claim (see Sheikh v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 238, at page 244), the application for judicial review must be dismissed.
(YVON PINARD)
JUDGE
OTTAWA, ONTARIO
May 17, 2000
Certified true translation
Martine Brunet, LL.B.
Date: 20000517
Docket: IMM-3858-99
Ottawa, Ontario, this 17th day of May 2000
Before the Honourable Justice Pinard
Between :
EREOLA DALE KINGSLEY
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The application for judicial review of the decision handed down on July 12, 1999 by the Convention Refugee Determination Division of the Immigration and Refugee Board, to the effect that the applicant is not a Convention refugee, is dismissed.
(YVON PINARD)
JUDGE
Certified true translation
Martine Brunet, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND OF SOLICITORS OF RECORD
COURT FILE No.: IMM-3858-99
STYLE OF CAUSE: EREOLA DALE KINGSLEY
v.
MCI
PLACE OF HEARING: MONTREAL, QUEBEC
DATE OF HEARING: APRIL 12, 2000
REASONS FOR THE ORDER OF PINARD J.
DATE: MAY 17, 2000
APPEARANCES:
Mr. MARIO BLANCHARD FOR APPLICANT
Mr. MICHEL PÉPIN FOR RESPONDENT
SOLICITORS OF RECORD:
CENTRE PROFESSIONNEL DU DISTRICT DE FOR APPLICANT
MONTRÉAL
Mr. MORRIS ROSENBERG FOR RESPONDENT
Deputy Attorney General of Canada