Federal Court Decisions

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Decision Content

Date: 19990907

Docket: IMM-6254-98

Between:

                           ZOUBIDA BOUGHERARA NIMOUR

                         FERIEL SAKINA BOUGHERARA and

                           JONIED SIRHAN BOUGHERARA

                                                                    Applicants

                                    - and -

                    MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                    Respondent

                          REASONS FOR ORDER AND ORDER

DENAULT J.

1      The very able representations of counsel for the applicant and her children have not convinced the Court of the need to intervene to quash the Refugee Division decision refusing to grant these citizens of Algeria the refugee status they were seeking.

2      It is up to refugee claimants to show that subjectively and objectively, they fear persecution for reasons, inter alia, of membership in a particular social group or political opinion if required to return to their country.

3      In the case at bar, the evidence in the record shows that after leaving her position as a flight attendant in Algeria, the applicant spent three years in Qatar with her children and husband, who was working there, returned to Algeria more than once, made a number of trips to the Arab Emirates and in particular to England, where she failed to claim refugee status, and finally, when she came to Canada on vacation with her children, put off claiming refugee status.

4      Under the circumstances, it was not unreasonable for the Convention Refugee Determination Division to find that the applicant had not established the subjective aspect of her fear of persecution.

                                     ORDER

      The application for judicial review is dismissed.

                                          PIERRE DENAULT              

                                          Judge

Ottawa, Ontario

September 7, 1999

Certified true translation

Peter Douglas


                                                 FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                                     IMM-6254-98

STYLE OF CAUSE:               ZOUBIDA BOUGHERARA NIMOUR ET AL.

                                                v.

                                                MCI

PLACE OF HEARING:        MONTRÉAL, QUEBEC

DATE OF HEARING:           SEPTEMBER 2, 1999

REASONS FOR ORDER AND ORDER OF THE HONOURABLE MR. JUSTICE DENAULT

DATED                                   SEPTEMBER 7, 1999

APPEARANCES:

STEWART ISTVANFFY                                                                   FOR THE APPLICANTS

LUCIE ST-PIERRE                                                                            FOR THE RESPONDENT

SOLICITORS OF RECORD:

STEWART ISTVANFFY                                                                   FOR THE APPLICANTS

LUCIE ST-PIERRE

Morris Rosenberg                                                                             FOR THE RESPONDENT

Deputy Attorney General of Canada

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