IMM-2361-96
OTTAWA, ONTARIO, THIS 5th DAY OF MAY
1997
PRESENT: THE HONOURABLE MR. JUSTICE
NOËL
BETWEEN:
Pedro
Aleksei MARCHANT ANDRADE,
Mereya
SANTOS-LEIVA,
Applicants,
and
MINISTER OF
CITIZENSHIP AND IMMIGRATION
OF
CANADA,
Respondent.
ORDER
The application
for judicial review is dismissed.
Marc Noël
Judge
Certified true translation
C. Delon, LL.L.
IMM-2361-96
BETWEEN:
Pedro
Aleksei MARCHANT ANDRADE,
Mereya
SANTOS-LEIVA,
Applicants,
and
MINISTER OF
CITIZENSHIP AND IMMIGRATION
OF
CANADA,
Respondent.
REASONS
FOR ORDER
NOËL j.
This is an
application for judicial review of a decision of the Refugee Determination
Division (the tribunal) dated June 20, 1996, determining that the applicants,
who are both citizens of Chile, are not Convention refugees.
The applicants
have not questioned the facts as recounted by the tribunal. However, they
contend that the tribunal rejected their claims on the sole basis of the
documentary evidence. According to the applicants, the tribunal should have
accepted the uncontradicted testimony of the principal applicant.
I am not of this
opinion. The tribunal's decision is not based solely on the documentary
evidence. It was the events recounted by the principal applicant, when
considered having regard to the documentary evidence, that led the tribunal to
conclude that his account was implausible. After considering the testimony of
the principal applicant, I conclude that the tribunal was entitled to draw that
conclusion.
The applicants
also contend that the tribunal ignored the documentary evidence that could have
confirmed the events they stated they had experienced. I am rather of the view
that the tribunal responded to the invitation extended to them by the officer
responsible for verification to assess the logic of the principal claimant's
account in light of the conditions suggested by the weight of the documentary
evidence. There is nothing to suggest that in so doing the tribunal did not
lend an attentive ear to all the evidence that was before it.
For these
reasons, the application is dismissed.
Marc Noël
Judge
Ottawa, Ontario
May 5, 1997
Certified true translation
C. Delon, LL.L.
FEDERAL
COURT OF CANADA
TRIAL
DIVISION
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: IMM-2361-96
STYLE OF CAUSE: PEDRO
ALEKSEI MARCHANT ANDRADE ET AL. v. MCI
PLACE OF HEARING: MONTRÉAL
DATE OF HEARING: MAY
1, 1997
REASONS FOR ORDER OF NOËL J.
DATED MAY 5, 1997
APPEARANCES:
ÉVELINE FISET FOR
THE APPLICANTS
ÉDITH SAVARD FOR
THE RESPONDENT
SOLICITORS OF RECORD:
Éveline Fiset FOR
THE APPLICANTS
George Thomson FOR
THE RESPONDENT
Deputy Attorney General of Canada
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