Nguyen v. Canada (Minister of Citizenship and Immigration), docket IMM-2196-97

Date: 19980402

Docket: IMM-2196-97

BETWEEN:

     MAI HUONG NGUYEN

     GIAO LIN NGUYEN

     Applicants

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

ROTHSTEIN, J.:

[1]      In rejecting her convention refugee application, the panel of the Immigration and Refugee Board found that the applicant had no subjective fear of persecution and that she was not credible. The applicant says she left Vietnam in 1989 for the Soviet Union. She says she stayed there until 1995 when she left, went to several countries and eventually came to Canada in April of 1995. She made no refugee claim in Russia or in the other countries that she passed through but did make a refugee claim when she came to Canada. The panel found that she had no subjective fear of persecution in Vietnam having regard to her long delay in making a refugee claim. It also found that she was not credible. I am not satisfied that the panel made any error in its findings. While the applicant had explanations relating to why she did not have any documents pertaining to her six year stay in Russia, and why she did not make a refugee claim until she came to Canada, the panel rejected those explanations. It was open to the panel to do so. I can see no error by the panel. The judicial review is dismissed.

"Marshall Rothstein"

Judge

Toronto, Ontario

April 2, 1998

     FEDERAL COURT OF CANADA

Date: 19980402

Docket: IMM-2196-97

BETWEEN:

MAI HUONG NGUYEN

GIAO LIN NGUYEN

     Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

    

     REASONS FOR ORDER

    

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                      IMM-2196-97

STYLE OF CAUSE:                  MAI HUONG NGUYEN

GIAO LIN NGUYEN

            

                         -and-

                    

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

DATE OF HEARING:              APRIL 2, 1998

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER BY:          ROTHSTEIN, J.

DATED:                      APRIL 2, 1998

APPEARANCES:                  Mr. Lloyd Duong

                    

                             For the Applicants

                         Ms. Susan Nucci

                             For the Respondent

SOLICITORS OF RECORD:          Mr. Lloyd Duong

                         Attorneys Atrium

                         2377 Dundas Street West

                         Toronto, Ontario

                         M6P 1X2

    

                             For the Applicants

                          George Thomson

                         Deputy Attorney General

                         of Canada

                             For the Respondent