Date: 20000614 Docket: IMM-6283-98
BETWEEN:
Luis Antonio GONZALES HENRIQUEZ
Applicant
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
DENAULT J.
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") wherein it was determined that the Applicant, a citizen of Peru, is not a Convention refugee.
[2] The Board found the Applicant not to be a Convention refugee due to the overall lack of credibility of his claim. The Board's decision relies on several implausibilities, inconsistencies, contradictions as well as on the fact that the Applicant never sought state
Page: 2
protection from Peru. The Board characterized the Applicant's testimony as being vague, non spontaneous and confused.
[3] In Aguebor v. M.E.I. (1993), 160 N.R. 315, the Federal Court of Appeal reiterated the principle that the refugee division is a specialized tribunal, whose role is to assess the credibility and plausibility of the facts invoked by the claimant in support of his claim to refugee status and that it falls upon the tribunal to draw the necessary conclusions from the evidence before it.
[4] In Kumar v. Canada (M.E.I.) (March 4, 1993), A-1294-91 (F.C.A.) [unreported], Justice D6cary stated that: "[i]t was the tribunal's duty to draw its own conclusions on the contradictions found in the testimony, as it was also responsible for assessing the plausibility of what was said".
[5] While this Court, called upon to review the findings of the Board may differ in opinion with respect to the conclusions that have been drawn, it must not substitute its own conclusions unless nothing could have justified those of the Board. In the case at bar, it is my view that the Board's findings of an overall lack of credibility on the part of the Applicant were founded, supported by the evidence and based on serious and relevant considerations.
Page: 3
[6] For these reasons, this application must be dismissed. In this case, there is no serious question to be certified.
ORDER
This application for judicial review is dismissed.
"PIERRE DENAULT"
Judge
Montreal, Quebec June 14, 2000
Federal Court of Canada
Trial Division
Date: 20000614 Docket: IMM-6283-98
BETWEEN:
Luis Antonio GONZALES HENRIQUEZ Applicant
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6283-98
STYLE OF CAUSE: Luis Antonio GONZALES HENRIQUEZ
Applicant
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTREAL
DATE OF HEARING: 20000614
REASONS FOR ORDER OF THE HONOURABLE JUDGE DENAULT DATED: June 14, 2000
APPEARANCES:
Me Mabel E. Fraser FOR THE APPLICANT
Me Sébastien Dasylva FOR THE RESPONDENT
SOLICITORS OF RECORD:
Me Mabel E. Fraser FOR THE APPLICANT
Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada
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