Date: 19980805
Docket: IMM-3442-97
BETWEEN:
JUDE MBAMALU
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Calgary, Alberta
on Wednesday, August 5, 1998)
ROTHSTEIN, J.:
[1] Applicant's counsel makes a number of arguments as to why the panel's credibility findings should not be accepted. As in many credibility cases, the Applicant has explanations for the various adverse findings of the panel. While his explanations may be true, it is for the panel to assess his evidence and decide whether or not it believes him.
[2] There is some suggestion that the transcript may contain gaps but that is not obvious. It may be that the Applicant did not complete his answers. If there is a problem with the transcript, the party alleging the problem should take steps by contacting the tribunal or reporter to determine whether the transcript accurately reflects the proceedings. There is no information of this sort here.
[3] The panel cites six examples of why it disbelieved the Applicant. I am satisfied that the panel's reasons sufficiently explain why it arrived at its conclusion respecting the Applicant's lack of credibility. I see nothing unreasonable in the panel's findings.
[4] This is not a case for judicial intervention. The judicial review is dismissed.
"Marshall E. Rothstein"
Judge
August 5, 1998
Calgary, Alberta
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980805
Docket: IMM-3442-97
BETWEEN:
JUDE MBAMALU
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
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