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Date: 20021029

Docket: IMM-5920-01

Neutral citation: 2002 FCT 1121

Toronto, Ontario, Tuesday, the 29th day of October, 2002

PRESENT:      The Honourable Madam Justice Layden-Stevenson

BETWEEN:

SANTOS MUANZA

ANDRÉ NGODI (GARCIA)

DIASONAMA MORENA

MARLENI MUANZA (a.k.a. MARLENE MUANZA)

HERMENIGILDO MUANZA

KIMBANZI MANUEL AMBROSIO

ANTONICA BELCACEN DOS SANTOS MUANZA

ALVARO MUANZA (a.k.a. ALVARO MORENO MUANZA)

Applicants

- and -

THE MINISTER

OF CITIZENSHIP AND IMMIGRATION

Respondent

                                               REASONS FOR ORDER AND ORDER

[1]              The principal applicant seeks judicial review of the decision of the CRDD dated November 27, 2001 wherein it was determined that he was not a Convention refugee. I have not been persuaded that the CRDD committed any error in rejecting his claim.


[2]              The CRDD found that credibility was determinative and referred to "overwhelming contradictions and implausibilities" in the evidence. The decision reads:

The Principal Claimant alleged that his problems arose

as a result of his leadership in organising a strike. It

appeared reasonable to the Panel to expect from the

Principal Claimant straightforward answers to questions

from his counsel, the Refugee Claim Officer (RCO) and

the Panel members. However, the Principal Claimant's

testimony was evasive, confused and confusing to say the

least throughout. He simply could not respond in a

spontaneous manner to any of the questions, and on many

occasions, his testimony was significantly conflicting. There

were several discrepancies between his written narrative

and his testimony.

  

[3]              The panel then provides an extensive list of inconsistencies and implausibilities in the applicant's evidence.

[4]              In his written submissions, the applicant's primary argument related to defective interpretation at the hearing. That argument was abandoned three days before the hearing of the application for judicial review. At the hearing, the applicant restricted his argument to four alleged errors regarding findings that the applicant's evidence was inconsistent. The respondent has noted seventeen additional inconsistencies that have not been challenged by the applicant and also notes that the applicant has not challenged any of the implausibility findings.    I have carefully considered and reviewed the four allegations of error referred to by the applicant's counsel . While the panel may have erred with respect to one of its findings, I am not persuaded that it erred with respect to the other findings. Even if it had, those errors would not have affected the result since the evidence, in its totality, was found to be not credible.


[5]        The CRDD determined clearly and unequivocally that the applicant was not credible and it gave detailed reasons for its finding. The CRDD is entitled to significant deference in this respect and the intervention of the court is not warranted. The application for judicial review is dismissed. Counsel did not suggest a question for certification. No question is certified.

ORDER

The application for judicial review is dismissed. No question is certified.    

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                                                                                                                                                          J.F.C.C.                               

                  

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET:              IMM-5920-01

STYLE OF CAUSE: SANTOS MUANZA ET AL

Applicants

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

PLACE OF HEARING:      TORONTO, ONTARIO

DATE OF HEARING: TUESDAY, OCTOBER 29, 2002

REASONS FOR ORDER

AND ORDER BY:          LAYDEN-STEVENSON J.

DATED:                  TUESDAY, OCTOBER 29, 2002          

APPEARANCES BY: Mr. Micheal Crane

For the Applicants

Ms. Kareena Wilding

For the Respondent

SOLICITORS OF RECORD:     Mr. Micheal Crane

       Barrister and Solicitor

       166 Pearl St.

       Suite 200

       Toronto, Ontario

       M5H 1L3

For the Applicants

       Morris Rosenberg

       Deputy Attorney General of Canada

For the Respondent


                                              

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