Date: 19990309
Docket: IMM-646-98
Between:
ERNESTO ATILIO GIRIBALDI CASTELLANO
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
DENAULT J.
[1] The applicant is seeking judicial review of a decision of the Convention Refugee Determination Division which rejected his refugee claim alleging that he feared persecution by members of the Shining Path, the panel being of the view that the applicant had not availed himself of state protection, though it was available.
[2] In the case at bar, it appears that the Convention Refugee Determination Division erred in writing that the applicant had completed his university examinations, whereas it was his secondary school examinations which he had completed before heading to university
in Lima. However, I consider that to be a minor error, with no effect on the outcome of the case, and am not of the view that the decision should be set aside on that basis.
[3] The real issue before the Refugee Division in this case was whether the applicant had clearly and convincingly shown that the state was unable to protect him, as the Supreme Court instructed in Canada (Attorney General) v. Ward [1993] 2 S.C.R. 689.
[4] In the case at bar, the evidence shows that not only did the applicant not attempt to avail himself of state protection, though it was available, when he was faced with situations which jeopardized his safety, he also made no attempt to show that the state was unable to protect him.
[5] In this regard, it was not unreasonable for the Refugee Division to find that the applicant was not a Convention refugee.
[6] There is no serious question of general importance to be certified.
[7] The application for judicial review is dismissed.
Pierre Denault
Judge
Certified true translation
Peter Douglas
Federal Court of Canada
Trial Division
Date: 19990309
Docket: IMM-646-98
Between:
ERNESTO ATILIO GIRIBALDI CASTELLANO
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-646-98
STYLE OF CAUSE: ERNESTO ATILIO GIRIBALDI CASTELLANO
Applicant
AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: March 9, 1999
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE DENAULT
DATED: March 9, 1999
APPEARANCES:
Georges Labrecque for the applicant
Patricia Deslauriers for the respondent
SOLICITORS OF RECORD:
Georges Labrecque
Montréal, Quebec for the applicant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
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