Date: 20021021
Docket: IMM-107-02
Neutral citation: 2002 FCT 1096
Ottawa, Ontario, October 21, 2002
Present: The Honourable Madam Justice Tremblay-Lamer
BETWEEN:
GIANCARLO ALIAGA CERNA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") dated December 20, 2001, wherein the Board determined that the applicant was not a Convention refugee.
[2] The applicant is a 26 year old citizen of Peru. He claims to have a well-founded fear of persecution by reason of his membership in a social group. The applicant believed he was targeted by the Sendero Luminoso guerrillas because he comes from a family of police officers and because he was a member of the Peruvian Air Force and a worker for a member of Parliament. The Board found the applicant was not credible.
[3] The jurisprudence of this Court has repeatedly held that restraint must be applied in respect of a credibility finding (Aguebor v. M.E.I., [1993] F.C.J. No. 732). Even where the reviewing Court might itself have come to a different conclusion on the evidence, it will not intervene unless the applicant establishes that the decision of the panel is essentially without foundation in the evidence. (Akinlolu v. Canada (M.E.I.), [1997] F.C.J. No. 296).
[4] In spite of the able argument by counsel for the applicant, I am of the opinion that the Board did not err in finding that the applicant was not credible. The applicant's story contained implausibilities that were not explained to the Board's satisfaction. The Board reached its conclusion after examining the oral and documentary evidence, and then provided reasons for its findings. Thus, there is no ground that could justify the Court's intervention.
ORDER
THIS COURT ORDERS THAT the application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-107-02
STYLE OF CAUSE: GIANCARLO ALIAGA CERNA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: October 21, 2002
REASONS FOR ORDER
AND ORDER OF THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
DATED: October 21, 2002
APPEARANCES:
Mr. Pablo Fernandez-Davila FOR APPLICANT
Ms. Lynn Marchildon FOR RESPONDENT
SOLICITORS OF RECORD:
Baumgarten & Fernandez-Davila
Barrister & Solicitor
162 Laurier Avenue West
Ottawa, Ontario
K1P 5J4 FOR APPLICANT
Department of Justice
East Memorial Building
284 Wellington Street
Ottawa, Ontario
K1A 0H8 FOR RESPONDENT
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