Federal Court Decisions

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Date: 20030929

Docket: IMM-4844-02

Citation: 2003 FC 1111

Ottawa, Ontario, this 29th day of September, 2003

Present:           THE HONOURABLE MR. JUSTICE O'REILLY                          

BETWEEN:

                                                        BISSER IVANOV BISSEROV

                                                                                                                                                       Applicant

                                                                              - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                      REASONS FOR JUDGMENT AND JUDGMENT


[1]                 Bisser Bisserov's background is Turkish, but he grew up in Bulgaria. Like hundreds of thousands of other ethnic Turks, he left Bulgaria at the end of the 1980's because of the intolerable conditions he endured. Mr. Bisserov went to Belgium with his wife. In 1994, they decided to return to Bulgaria to visit his wife's ailing and aged grandmother and show off their three-year-old daughter. He claims that Bulgarian officials seized their passports and prevented them from returning to Belgium. He began farming, but says that he encountered a series of difficulties over the years until 1999, when he fled to Mexico, then to the United States, and ultimately to Canada. He claimed refugee status in the U.S. and, when he failed, he then made a claim here. A panel of the Immigration and Refugee Board turned him down. The Board analyzed all the elements of Mr. Bisserov's claim and concluded that he had produced insufficient reliable evidence to support it. He argues that the Board made a number of serious errors and asks, by way of this application for judicial review, for a new hearing before a different panel. I cannot agree.

[2]                 Reduced to its essence, Mr. Brisserov's claim of persecution is founded on three allegations of violence. He says that, in 1996, merchants refused to sell him feed for his animals because he was a Turk. When he complained, the staff called the police, who arrested and beat him. Two years later, someone torched his car. Later the same year, he found that some of his livestock had been shot.

[3]                 The Board doubted that Mr. Bisserov would have been identified as a Turk or singled out for any mistreatment. It did not understand why he did not report the torching incident to the police, but then complained to them about the shooting of his animals, even though he suspected them of being the gunmen. He produced no documentary or photographic evidence whatsoever of any of his main allegations. Overall, the Board found Mr. Bisserov's testimony unconvincing and concluded that the evidence before it did not support his claim of persecution. In fact, it also doubted his description of the events leading to his return to Bulgaria in 1994 and the circumstances that prevented him from returning to Belgium.

[4]                 Mr. Bisserov argued that the Board had made a number of errors in the course of its fact-finding, and had come to patently unreasonable conclusions. However, in my view, Mr. Bisserov's claim turns solely on the quality of the evidence before the Board. Clearly, the Board has the undisputed jurisdiction to weigh that evidence. I have reviewed the record and cannot conclude that the Board's analysis was unreasonable. Accordingly, I must dismiss this application for judicial review. Neither party proposed a question of general importance for certification, and none is stated.

                                                                        JUDGMENT

IT IS HEREBY ADJUDGED that

1.          The application for judicial review is dismissed.

2.          No question of general importance is stated.

                                                                                                                                                                                                                                   

                                                                                                                                                               Judge                       


                                                                 FEDERAL COURT

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                             IMM-4844-02

STYLE OF CAUSE:                           BISSER IVANOV BISSEROV

                                                                                                                               Applicant

                                                        -    and -

                                                        THE MINISTER OF CITIZENSHIP

                                                        AND IMMIGRATION

                                                                                                                     Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       TUESDAY, JULY 29, 2003

REASONS FOR JUDGMENT

AND JUDGMENT BY :                   THE HONOURABLE MR. JUSTICE O'REILLY

DATED:                                                MONDAY, SEPTEMBER 29, 2003

APPEARANCES:   

Mr. Alex Billingsley

FOR THE APPLICANT

Ms. Claire le Riche

FOR THE RESPONDENT

SOLICITORS OF RECORD: Brian Ibrahim Cintosun

                                                        Toronto, Ontario

FOR THE APPLICANT

                                                        Morris Rosenberg

                                                        Deputy Attorney General of Canada

FOR THE RESPONDENT


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