[1] Mrs. Angela Cvetkovic Ballatore is a 53-year-old Peruvian citizen who alleges a well-founded fear of persecution on the basis of a social group, women who are victims of domestic violence. Dependent on her claims are the claims of her two sons, Renzo (14) and Romario (19), also allegedly terrorized by their father. They seek judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division ("the Board"), dated May 31, 2004 that found that they were neither Convention refugees nor persons in need of protection.
[2] The Board found that Mrs. Ballatore was not credible. It concluded that her testimony at the hearing was exaggerated and inconsistent with the information disclosed to a visa officer in Lima and in her personal information form ("PIF").
[3] It is clear from Mrs. Ballatore's evidence that her purpose in seeking a visitor's visa from the Canadian mission in Lima was to join her mother and other family members and remain with them in this country. Five months after arriving, she filed her claim describing the abuse suffered at the hands of her husband. The history of abuse was not disclosed to the visa office in Lima. The respondent argues that she could have made a refugee claim at that post and suggests that it would have been given careful and thorough consideration. That may well be, but as the Federal Court of Appeal stated in Fajardo v. Canada (Minister of Employment and Immigration) (1993), 157 N.R. 392:
Can it be seriously suggested that any but the most naive applicant for a visitor's visa would indicate to the visa officer that the purpose of going to Canada was not to visit but to seek asylum?
[4] Had the Board actually drawn adverse inferences in its decision from the fact that Mrs. Ballatore had failed to tell the immigration officer in Peru about the persecution she had suffered, I would have found that it committed a reviewable error. However, the Board did not find fault with the applicant for failing to reveal the actual purpose of her trip, but rather found that the information submitted was inconsistent with her claim. Even had I found that the Board drew an irrelevant and patently unreasonable inference about this lack of disclosure, I would not have found it to be fatal to the overall decision:De Almeida v. Canada (Minister of Citizenship and Immigration) 2005 FC 506.
[5] Counsel for the applicants submitted that the Board ignored photographic evidence of Mrs. Ballatore's emaciated condition in Peru. By ignoring significant corroborative material evidence without explanation, the Board erred, it was argued. I was invited to examine passport and other photographs in the record and conclude for myself that they substantiated her account. The respondent argued, and I agree, that it would be inappropriate for the court to draw any inferences from the photographs, particularly in the absence of any evidence as to when and how they were taken.
[6] The Board conducted a thorough review of the evidence and was sensitive to the situation of women victims of spousal abuse in Peru. However, it did "not believe a word of her story." Having closely reviewed Mrs. Ballatore's testimony and the Board's reasons for its decision, I am unable to conclude that it reached its findings in a perverse or capricious manner or without regard to the evidence. Accordingly, I will dismiss the application. No serious question of general importance was proposed.
ORDER
THIS COURT ORDERS that the application is dismissed. No question is certified.
"Richard G. Mosley"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5621-04
STYLE OF CAUSE: ANGELA CVETKOVIC BALLATORE
RENZO REANO CVETKOVIC
ROMARIO REANO CVETKOVIC
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 7, 2005
REASONS FOR ORDER
AND ORDER BY: MOSLEY J.
DATED: JUNE 8, 2005
APPEARANCES:
Lani Gozlan FOR THE APPLICANTS
Marcel Larouche FOR THE RESPONDENT
SOLICITORS OF RECORD:
Max Berger Professional
Law Corporation
Toronto, Ontario FOR THE APPLICANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT
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