Date: 19980219
Docket: IMM-4899-96
BETWEEN:
ARTHURINE DENIZ THOMAS
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McGILLIS, J.
[1] Despite the able argument of counsel for the applicant, I have not been persuaded that the Immigration and Refugee Board ("Board") committed any error in determining that the applicant was not a Convention refugee.
[2] The applicant is a citizen of Jamaica who came to Canada as a visitor in 1991. She made a refugee claim in 1994, on the basis that she had a well-founded fear of persecution in Jamaica by reason of her political opinion.
[3] Counsel for the applicant argued, among other things, that the applicant had not been provided with "effective" notice that the question of an internal flight alternative would be raised at the hearing before the Board. I cannot accept that submission. At the outset of the hearing, the refugee hearing officer indicated that an internal flight alternative was an issue to be canvassed. Furthermore, the applicant was represented by counsel who asked her questions during her testimony concerning the possibility of an internal flight alternative. In the circumstances, I am satisfied that the applicant was provided with adequate notice that the issue of an internal flight alternative would be raised at the hearing.
[4] I have also not been persuaded that the Board committed any error in determining that an internal flight alternative was available to the applicant in another area of Jamaica. Furthermore, it was reasonably open to the Board to conclude, on the basis of the evidence in the record, that state protection was available to the applicant, and that her fear of persecution was not objectively well-founded. Finally, the Board was entitled to consider in its assessment the applicant's lengthy delay in making her claim to refugee status.
[5] The application for judicial review is dismissed. The case raises no serious question of general importance.
"D. McGillis"
Judge
Toronto, Ontario
February 19, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4899-96
| STYLE OF CAUSE: ARTHURINE DENIZ THOMAS |
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: FEBRUARY 19, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McGILLIS, J.
DATED: FEBRUARY 19, 1998
APPEARANCES:
Mr. Davies Bagambiire
For the Applicant
Ms. Lori Hendriks
For the Respondent
SOLICITORS OF RECORD:
Mr. Davies Bagambiire
502-347 Bay Street
P.O. Box 662
Station Adelaide
Toronto, Ontario
M5C 2J8
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
| |
THE MINISTER OF CITIZENSHIP |
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