Zojewic v. Canada (Ministre de la Citoyenneté et de l'Immigration), docket IMM-1124-99

     Date: 20000817

     Docket: IMM-1124-99

MONTRÉAL, QUEBEC, AUGUST 17, 2000

BEFORE:      DENAULT J.

BETWEEN:

     RACHEL ZOJEWIC

     Plaintiff

     AND

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Defendant

     Judicial review of decision by IRB on January 13, 1999 in case M96-08921.

     [Section 82.1 of Immigration Act]

     REASONS FOR ORDER

DENAULT J.

[1]      In the case at bar the plaintiff was unable to persuade the Court that it should intervene to quash this decision by the Refugee Division, which held that she was not a Convention refugee.

[2]      The tribunal was entitled, within its field of jurisdiction, to briefly check the plaintiff's religious knowledge as it related to alleged daily church attendance, as the plaintiff maintained.

[3]      Additionally, it was not unreasonable in the case at bar to conclude that the plaintiff lacked credibility and that she had claimed refugee status for reasons other than those alleged, namely on account of her age, the fact that all her children are in Canada and the fact that she did not know where to go. In the case at bar, the Court does not have to determine the legality of a decision denying entry to Canada on humanitarian grounds pursuant to s. 114(2) of the Immigration Act, simply the rejection of an application for refugee status.

[4]      For these reasons, the application for judicial review will be dismissed. There is no basis for certifying a serious question of general importance pursuant to s. 83(1) of the Act.

Pierre Denault      Judge

MONTRÉAL, QUEBEC

August 17, 2000

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE:          IMM-1124-99

STYLE OF CAUSE:          RACHEL ZOJEWIC

     Plaintiff

     AND

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Defendant

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      August 17, 2000

REASONS FOR ORDER BY:      DENAULT J.

DATED:          August 17, 2000

APPEARANCES:

Yves Gravel          for the plaintiff

Christine Bernard      for the defendant

SOLICITORS OF RECORD:

Yves Gravel          for the plaintiff

Montréal, Quebec

Morris Rosenberg      for the defendant

Deputy Attorney General of Canada

Montréal, Quebec

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FEDERAL COURT OF CANADA      TRIAL DIVISION      Date: 20000817      Docket: IMM-1124-99 BETWEEN:      RACHEL ZOJEWIC      Plaintiff      AND THE MINISTER OF CITIZENSHIP AND IMMIGRATION      Defendant      REASONS FOR ORDER