Sanchez v. Canada (Minister of Citizenship and Immigration), docket IMM-702-00

Date: 20001211

Docket: IMM-702-00

BETWEEN:

LUIS MARIO TOVAR SANCHEZ

XIMENA MARULANDA MARTINEZ

MARIA CLAUDIA LEMA PERLAZA

Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

     REASONS FOR JUDGMENT AND JUDGMENT

DAWSON J.

[1]      Ximena Marulanda Martinez, the remaining applicant ("applicant") challenges findings of implausibility made by the Convention Refugee Determination Division of the Immigration and Refugee Board ("CRDD"). Those findings led to the decision of the CRDD dated January 6, 2000, that the applicant's claim was neither credible nor trustworthy and that the applicant was not a Convention refugee. The sole issue raised before the Court at the hearing was the reasonableness of the findings of implausibility.

[2]      It is settled law that the CRDD has complete jurisdiction to determine the plausibility of testimony. So long as the inferences drawn by the CRDD are not so unreasonable as to warrant intervention, findings of the CRDD are not to be set aside by this Court.

[3]      While the CRDD must be alert not to impose Canadian paradigms without regard to the socio-political context before it, I have not been satisfied that the inferences drawn by the CRDD in the present case are so unreasonable as to warrant intervention.

[4]      The application for judicial review is, in consequence, dismissed.

[5]      Counsel did not pose any question for certification.

JUDGMENT

[6]      The application for judicial review is dismissed.

                                 "Eleanor R. Dawson"

     Judge

Ottawa, Ontario

December 11, 2000

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-702-00

STYLE OF CAUSE:              LUIS MARIO TOVAR SANCHEZ

XIMENA MARULANDA MARTINEZ

MARIA CLAUDIA LEMA PERLAZA

     Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

DATE OF HEARING:          THURSDAY, NOVEMBER 16, 2000

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR JUDGMENT

AND JUDGMENT BY:          DAWSON J.

DATED:                  MONDAY, DECEMBER 11, 2000

APPEARANCES BY:           Mr. Ron Poulton

For the Applicants

Ms. Neeta Logsetty

For the Respondent

SOLICITORS OF RECORD:      JACKMAN, WALDMAN & ASSOCIATES

                     Barristers & Solicitors

                     281 Eglinton Avenue East

                     Toronto, Ontario

                     M4P 1L3

                    

For the Applicants

                     Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

                     FEDERAL COURT OF CANADA

                                 Date: 20001211

         Docket: IMM-702-00

                     BETWEEN:

LUIS MARIO TOVAR SANCHEZ

XIMENA MARULANDA MARTINEZ

MARIA CLAUDIA LEMA PERLAZA

     Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

                    

REASONS FOR JUDGMENT

AND JUDGMENT