Date: 20040728
Docket: IMM-4795-03
Citation: 2004 FC 1045
Toronto, Ontario, July 28th, 2004
Present: The Honourable Madam Justice Heneghan
BETWEEN:
ARDIAN DYLGJERI and LAURA DYLGJERI
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Ardian Dylgjeri and his wife Laura Dylgjeri (the "Applicants") seek judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board") dated May 27, 2003. In its decision the Board determined the Applicants not to be Convention refugees.
[2] The Applicants are citizens of Albania. The claim is based on the political opinion of Mr. Dylgjeri. His wife joined her claim to her husband's.
[3] The Board rejected the credibility of the Applicant's assertion that he was a high profile member of the Democratic Party Youth Forum ("DPYF"). The Applicant challenges the reasonableness of the Board's findings and argues that the Board improperly minimized the probative value of certain documentary evidence that he submitted after the hearing.
[4] In my opinion, this application for judicial review should be dismissed. The applicable standard of review here is patent unreasonableness; see Conkova v. Canada (Minister of Citizenship and Immigration) (2000) F.C.J. No. 300 (T.D.).
[5] The Applicant carries the burden of submitting credible evidence to support his claim for Convention refugee status; see Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689. The Board was not satisfied with the evidence concerning his status as a high profile member of the DPYF. Since his political opinion was the basis of his claim the Applicant was required to show that his political opinion gave rise to a well-founded fear of persecution. The Board found that the Applicant had failed to establish his claim in this regard and in my opinion, that conclusion is reasonably supported by the evidence.
[6] The Board is entitled to a high degree of deference when making credibility findings; see Sheikh v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 238 (F.C.A.). In my opinion, the credibility findings in this case are reasonably supported by the evidence submitted by the Applicant and do not justify judicial intervention.
[7] The application for judicial review is dismissed. There is no question for certification arising.
ORDER
The application for judicial review is dismissed. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4795-03
STYLE OF CAUSE: ARDIAN DYLGJERI and LAURA DYLGJERI
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: July 27, 2004
REASONS FOR ORDER
AND ORDER: Heneghan J.
DATED: July 28, 2004
APPEARANCES:
Howard Gilbert FOR APPLICANTS
Michael Butterfield FOR RESPONDENT
SOLICITORS OF RECORD:
Howard Gilbert FOR APPLICANTS
Barrister & Solicitor
Toronto, Ontario
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada
Department of Justice
Toronto, Ontario
FEDERAL COURT
Date: 20040728
Docket: IMM-4795-03
BETWEEN:
ARDIAN DYLGJERI
and LAURA DYLGJERI
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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