Date: 20060816
Docket: IMM-4812-05
Citation: 2006 FC 986
Ottawa, Ontario, August 16,
2006
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
SAIMIR
BUZI
Applicant
and
THE MINISTER OF CITIZENSHIP
AND
IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
I. Introduction
[1]
The
Immigration and Refugee Board (Board) denied refugee status to the Applicant on
the basis of its adverse credibility finding. The Board found that the
Applicant failed to present credible or trustworthy evidence to establish his
claim of a well-founded fear. This is the judicial review of that negative
decision.
II. Facts
[2]
The
Applicant is a male citizen of Albania. He claimed refugee status
because of his fear of persecution from police and government forces and also
from gangs of Socialist supporters on the basis of his political opinion, a
supporter of the Democratic Party in Albania. He also supported his
claim by reference to his twin brother and father who were political activists.
His brother was granted refugee status in Canada in 2000 and
his father lives in Greece.
[3]
The
Applicant claimed that his family had a history of mistreatment under the
former communist regime and under the current ruling Socialist Party.
[4]
In
2000 he and his family fled to Greece where he attested that they experienced
harassment from Albanians for their support of the Democratic Party.
[5]
The
Board found that the Applicant’s story lacked credibility in respect of the
following:
·
that
he failed to seek refugee status in Greece during the two years he
lived there when there was documentary evidence, demonstrating a high success
rate for Albanians seeking legal status;
·
that
he failed to take advantage of the extended legalization process in Greece;
·
the
absence of credible or trustworthy evidence of his involvement in Democratic
Party activities after he left Albania in 2000; and
·
the
absence of such evidence that the Applicant, while in Greece, was sought by the
Albanian secret police because of his alleged political activities while in Greece.
[6]
The
Board also noted the ameliorating country conditions in Albania with respect
to politically motivated acts of violence.
III. Analysis
[7]
The
standard of review for credibility findings has been held to be patent
unreasonableness. (Aguebor v. Canada (Minister of Employment and
Immigration) (1993), 160 N.R. 315) I adopt that standard of review.
[8]
Contrary
to the Applicant’s submissions, the Board did not ignore the political
activities of the Applicant’s father and brother or the fact that the brothers
were twins. The Applicant’s case must stand on its own and the fact that his
brother was accepted as a refugee does not automatically entitle the Applicant
to similar treatment.
[9]
While
the Applicant is correct that the Board erred in its description of a certain
telephone call, the error is immaterial to the central aspects of the Board’s
decision.
[10]
The
Applicant has failed to show how the Board erred in its assessment of country
conditions in Albania. He has also
failed to establish the unreasonableness of the Board’s credibility findings.
[11]
In
effect, the Applicant asks this Court to reweigh the evidence before the Board
– a task which the Court will not undertake.
[12]
Therefore,
this application for judicial review will be dismissed. No question will be
certified.
JUDGMENT
IT IS ORDERED THAT this
application for judicial review is dismissed.
“Michael
L. Phelan”
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4812-05
STYLE OF CAUSE: SAIMIR
BUZI
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF
HEARING: Toronto, Ontario
DATE OF
HEARING: May
4, 2006
REASONS FOR JUDGMENT
AND JUDGMENT: Phelan J.
DATED: August
16, 2006
APPEARANCES:
|
Mr. Jeffrey L.
Goldman
|
FOR THE APPLICANT
|
|
Mr. David
Tyndale
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
MR. JEFFREY L.
GOLDMAN
Barrister
& Solicitor
Toronto,
Ontario
|
FOR THE APPLICANT
|
|
MR. JOHN H.
SIMS, Q.C.
Deputy
Attorney General of Canada
Toronto, Ontario
|
FOR THE RESPONDENT
|
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