Date: 20020606
Docket: IMM-4639-01
Neutral citation: 2002 FCT 648
BETWEEN:
SANTIAGO MANUEL MERLOS,
MARTHA BEATRIZ CASTILLO DE MERLOS,
FLORENCIA TAMARA MERLOS, MAXIMILIANO ANDRES MERLOS
Applicants
and
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY A.C.J.
[1] The applicants, a married couple and their two children who are all citizens of Argentina, have not established any reviewable error in the decision of the Convention Refugee Determination Division that they are not Convention refugees. The claim of Manuel Merlos is based on his fear
of persecution for publicly challenging the hierarchy of his labour co-operative for alleged corruption and fraudulent practices.
[2] Neither the documentary information nor the transcript of the refugee hearing supports the applicants' argument that the single member panel mischaracterized, misinterpreted or ignored the evidence.
[3] Mr. Merlos acknowledged during his testimony that neither his personal documents (Exhibit C-6) nor the newspaper articles he relied upon disclosed any threat of harm against him. The applicant's admission and a review of the record support the panel's conclusion that the documents "do not specifically apply to the claimant."
[4] The single alleged incident of a threat of physical harm against Mr. Merlos would have occurred some three weeks prior to the applicants' arrival in Canada and some two months before he signed his personal information form, which made no reference to this allegation. Upon my review of the transcript, it was open to the tribunal to conclude that this omission undermined the credibility of Mr. Merlos and that "... the claimant fabricated a story based on membership in the [labour co-operative] in order to support a refugee claim based on membership in a particular social group."
[5] The applicants have demonstrated no error in the decision under review, let alone one that is patently unreasonable.
[6] This application for judicial review will be dismissed. Neither party suggested the certification of a serious question.
"Allan Lutfy"
A.C.J.
Toronto, Ontario
June 6, 2002
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4639-01
STYLE OF CAUSE: SANTIAGO MANUEL MERLOS,
MARTHA BEATRIZ CASTILLO DE MERLOS, FLORENCIA TAMARA MERLOS, MAXIMILIANO ANDRES MERLOS
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: THURSDAY, JUNE 6, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY LUTFY A.C.J.
DATED: THURSDAY, JUNE 6, 2002
APPEARANCES BY: Mr. Daniel Fine
For the Applicants
Mr. Robert Bafaro
For the Respondent
SOLICITORS OF RECORD: Daniel Fine
Barrister and Solicitor 4950 Yonge Street, Suite 190
Box 174
Toronto, Ontario
M2N 6K1
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020606
Docket: IMM-4369-01
BETWEEN:
SANTIAGO MANUEL MERLOS,
MARTHA BEATRIZ CASTILLO DE MERLOS, FLORENCIA TAMARA MERLOS, MAXIMILIANO ANDRES MERLOS
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
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