Date: 20000602
Docket: IMM-3643-99
Between:
ROSA ISABEL QUINTANA CONTRERAS
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
| [1] This is an application under subsection 82.1(1) of the Immigration Act1 (the Act) for judicial review of a decision by the Convention Refugee Determination Division of the Immigration and Refugee Board (the Refugee Division) that the applicant is not a Convention refugee mainly because her narrative lacked credibility. |
| [2] Moreover, the Refugee Division held that even if the applicant's allegations were accepted, they would fail to establish a reasonable chance of persecution. |
Page: 2
| [3] With respect to the finding of lack of credibility, although the applicant claims that the Refugee Division erred in assessing the facts, I do not believe that this is true. The contradictions the panel found involved crucial elements of the claim, and the inferences it drew supported the finding that the applicant lacked credibility. |
| [4] The applicant also maintains that the Refugee Division breached the principles of procedural fairness by not confronting her about the contradictions. I do not agree. The contradictions stemmed from personal documents she provided. The panel was not required to confront her in that type of situation. |
| [5] With respect to finding that there was no reasonable chance of persecution, the panel found that it was not the applicant but her husband, no longer carrying out his duties and presently in Mexico, who is the main target. |
| [6] The applicant maintains that the Refugee Division overlooked the fact that part of her fear arose from the fact that Dincote considered her a terrorist sympathizer. |
| [7] Although the claim does mention that the applicant and her husband were considered sympathizers, no finding was made with respect to the applicant. Only the husband was targetted, and a warrant was issued solely for his arrest. |
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000602
Docket: IMM-3643-99
BETWEEN:
ROSA ISABEL QUINTANA CONTRERAS
Applicant
- AND -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ODER
1
Page: 3
| [8] I cannot find any error of fact or of law to justify my intervention. |
| [9] For these reasons, the application for judicial review is dismissed. |
Danièle Tremblay-Lamer
JUDGE
MONTRÉAL, QUEBEC
June 2, 2000
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT FILE NO.: IMM-3643-99 |
| STYLE OF CAUSE: ROSA ISABEL QUINTANA CONTRERAS |
Applicant
MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 1, 2000 |
REASONS FOR ORDER OF THE HONOURABLE JUSTICE TREMBLAY-LAMER
APPEARANCES:
| Manuel Centurion (articling student) for the applicant |
| Marie-Claude Demers for the respondent |
SOLICITORS OF RECORD:
Michel LeBrun
| Montréal, Quebec for the applicant |
Morris Rosenberg
Attorney General of Canada
| Ottawa, Ontario for the respondent |
__________________
1 R.S.C., 1985, c. I-2
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