Date: 20050217
Docket: IMM-1811-04
Citation: 2005 FC 260
Toronto, Ontario, February 17th, 2005
Present: The Honourable Mr. Justice von Finckenstein
BETWEEN:
OLIVER GEORGE KAMKUMBA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered orally from the bench and subsequently written for clarification and precision)
[1] The Applicant is a 25 year old citizen of Tanzania. In 1999, he joined a political party called the Civic United Front ("CUF"). His father was the chairman of the party at the time and had left the ruling party, the CCM. In February of 2000, his father was killed while campaigning. While the Applicant was campaigning, he was beaten, ambushed and kept for three days in a temporary jail.
[2] He left Tanzania in July of 2002 and came to Canada where he claimed refugee status. His claim was rejected by the IRB on February 11, 2004.
[3] The Applicant argues that the Board:
a) failed to give sufficient reasons for its finding of lack of credibility and
b) ignored the totality of the evidence when making its finding regarding a lack of objective basis for his alleged fear of persecution.
[4] The Board did not find the Applicant credible as he stayed in Tanzania for 2.5 years after the alleged acts of persecution to finish his studies. In its view, these acts were inconsistent with a person fearing for his life due to political persecution. While it is accepted that the sworn evidence of an Applicant creates a presumption that the allegations are true, (see Pedro Enrique Juarez Maldonado v. M.E.I., [1980] 2 F.C. 302,) the behaviour of the Applicant here is totally inconsistent with his testimony and thus successfully undermines said testimony.
[5] Secondly, the Board referred to the extensive documentary evidence negating the Applicant's assertion of political unrest in Tanzania, particularly a lengthy Department of State report and IRB research report. The Applicant referred to two articles which suggest continuing unrest. These articles however:
a) cannot be found in the Tribunal record and;
b) deal with the island of Zanzibar while the Applicant resided in mainland Tanzania. They, therefore, do not detract from the Board's findings.
[6] In light of the foregoing, there is nothing patently unreasonable about the Board's decision with respect to either its finding of lack of credibility or lack of basis for objective fear of persecution.
[7] Accordingly, applying the standard of patent unreasonableness, (see Singh v. Canada (M.C.I.) [1999] F.C.J. No. 1283) this application cannot succeed.
ORDER
THIS COURT ORDERS that this application be dismissed.
"K. von Finckenstein"
J.F.C
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1811-04
STYLE OF CAUSE: OLIVER GEORGE KAMKUMBA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: FEBRUARY 17, 2005
REASONS FOR ORDER
AND ORDER BY: VON FINCKENSTEIN J.
DATED: FEBRUARY 17, 2005
APPEARANCES BY:
Christina Gural FOR THE APPLICANT
Martin Anderson FOR THE RESPONDENT
SOLICITORS OF RECORD:
Christina Gural
Toronto, Ontario FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT
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