Date: 20050704
Docket: IMM-5693-04
Citation: 2005 FC 937
BETWEEN:
ELIZETE ARAUJO CELESTINO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
PHELAN J.
[1] The Applicant is a female citizen of Brazil who claims refugee protection based on her fear of the Primero Comando da Capital (PCC), a mafia-like gang.
BACKGROUND
[2] Her story is that she had an "association" with a gang member ("Carioca"). After his departure from where they lived, she returned to her apartment one day to find it vandalized and four men waiting for her demanding that she turn over a document Carioca said (he allegedly confessed to the PCC while under torture) that she had. She denied having the document and was beaten.
[3] The Applicant says that she then fled to her hometown where she was met by four more gang members, kidnapped and then tortured. She fled to Sao Paulo from which she eventually made her way to Canada.
[4] The Refugee Protection Division of the Immigration and Refugee Board (the Panel) denied her application based on her failure to seek state protection and five (5) negative credibility findings each of which was supported by cogent reasons.
DETERMINATION
[5] The Applicant had originally raised an issue of reasonable apprehension of bias based on the Panel's comments during the hearing. This argument was abandoned at the judicial review hearing.
[6] This case turns upon the Panel's credibility findings and its overall credibility conclusion. The Applicant did not challenge these findings or overall assessment. These findings were entirely open to the Panel on the basis of the record before it.
[7] The Applicant's complaint that the Panel did not properly assess a medical certificate cannot succeed. The treatment of the medical certificate was part of the Panel's assessment of credibility and turned on that finding.
[8] Since the Applicant raised the bias issue in reply, having advised the Court as a preliminary matter that this issue was abandoned, the Court has reviewed the transcript of the Panel hearing. There is no basis for any allegation of bias.
[9] For these reasons the judicial review will be dismissed.
[10] There is no question for certification.
(s) "Michael L. Phelan"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5693-04
STYLE OF CAUSE: ELIZETE ARAUJO CELESTINO v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: May 26, 2005
REASONS FOR ORDER: Phelan J.
DATED: July 4, 2005
APPEARANCES:
Mr. Joel Etienne FOR THE APPLICANT
Mr. Brad Gotkin FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Joel Etienne
Barrister and Solicitor
Toronto, Ontario FOR THE APPLICANT
Mr. John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
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