Selenica v. Canada (Minister of Citizenship and Immigration), 2005 FC 575

Date: 20050427

Docket: IMM-3808-04

Citation: 2005 FC 575

Toronto, Ontario, April 27^th, 2005

Present:           The Honourable Madam Justice Layden-Stevenson                                  

BETWEEN:

BARDHYL SELENICA

DAROVI SELENICA

Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                            REASONS FOR ORDER AND ORDER

[1]                The applicants are husband and wife and are citizens of Albania. They seek judicial review of a decision of the Refugee Protection Division (RPD) of the Immigration and Refugee Board dated March 30, 2004, wherein the RPD determined that they are not Convention refugees or persons in need of protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA).

[2]                Mr. Selenica claimed that his family's land was taken by the Communists in 1946. Following the collapse of the regime in 1991, the democratic government allegedly instructed people to reclaim their former properties. Mr. Selenica marked his land.

[3]                The RPD defined the determinative issue as credibility, particularly regarding the ownership of land that was allegedly occupied by squatters. The board identified several inconsistencies in the evidence before concluding that the applicants' "allegation about their current ownership of the land was not credible and, as a result, their allegation about alleged beatings and threats because of a dispute over the land ownership was not credible either".

[4]                Despite the articulate submissions of counsel for the applicants, I am not persuaded that the RPD erred in rejecting the claims.

[5]                The board did not, as suggested by counsel, disbelieve that the husband had sustained injuries. Rather, it determined that the difficulties had not occurred as a result of land ownership as alleged. The finding was premised on both the documentary evidence as well as testimony at the hearing. A review of the transcript and the record reveals that the finding was reasonably open to the board. The property legislation in Albania is in draft form and until such time as it becomes law, it is not open to Mr. Selenica to assert ownership over land as he claimed to have done.

[6]                No issue is taken with the various other credibility findings of the board. My intervention is not warranted. Counsel did not suggest a question for certification and none arises on these facts.

ORDER

THIS COURT ORDERS that the application for judicial review is dismissed.

       "Carolyn Layden-Stevenson"

                                                                                                                                                   J.F.C.                         

FEDERAL COURT

Names of Counsel and Solicitors of Record

DOCKET:                                           IMM-3808-04

STYLE OF CAUSE:                         BARDHYL SELENICA

Applicants

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION                         Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       MONDAY APRIL 25, 2005   

REASONS FOR ORDER

AND ORDER BY:                             LAYDEN -STEVENSON, J.

DATED:                                              APRIL 27, 2005SERVED

APPEARANCES BY:            

S. Salvaterra                                          FOR THE APPLICANTS

Michael Butterfield                                 FOR THE RESPONDENT

SOLICITORS OF RECORD:          

S. Salvaterra                                          FOR THE APPLICANTS

John H. Sims, Q.C.                               FOR THE RESPONDENT

Deputy Attorney General of Canada