Date: 20000907
Docket: IMM-137-00
OTTAWA, ONTARIO, SEPTEMBER 7, 2000
Before: J.E. DUBÉ J.
Between:
JAYANTHA SRI CHANDANA MARASINGHE ARACHCHIGE
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
ORDER
The application for judicial review is dismissed.
Judge
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20000907
Docket: IMM-137-00
BETWEEN:
JAYANTHA SRI CHANDANA MARASINGHE ARACHCHIGE
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER
DUBÉ J.
[1] This is an application for judicial review of a decision of the Refugee Division of the Immigration Board ("the Refugee Division") on December 23, 1999 that the plaintiff is not a Convention refugee.
[2] The plaintiff, a citizen of Sri Lanka, arrived in Vancouver on October 12, 1998 after travelling through Morocco, Spain and the U.S. He filed his application 16 days after his arrival in Canada.
[3] The Refugee Division concluded that the plaintiff was not credible and explained why in its decision. First, the principal events in the plaintiff's claim allegedly occurred when he was driving a truck, whereas his driving licence did not cover vehicles of that class. Second, the plaintiff's passport contradicted the allegation that he was a truck driver since it said he was a [TRANSLATION] "domestic help". Third, it did not appear in his PIF that the army had sought him at his home: he only raised this point in his testimony before the Refugee Division. Fourth, the plaintiff also did not indicate in his PIF that his father had told him not to report to the local police because the police wanted to kidnap him. Fifth, the report made by his father alleged that the police had sought him at his home on June 18, 1998, whereas on this date the plaintiff had already been arrested and held until June 29, 1998. Finally, in the panel's opinion the medical report filed by the plaintiff was not consistent with the type of abuse he claimed to have suffered.
[4] Consequently, it was not unreasonable for the Refugee Division to draw a negative inference about his credibility. There is no basis for intervening in this case. The application for judicial review is accordingly dismissed.
[5] Both counsel shared the judge's opinion that this case raised no question of general importance to be certified.
Judge
OTTAWA, Ontario
September 7, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: IMM-137-00
STYLE OF CAUSE: JAYANTHA SRI CHANDANA
MARASINGHE ARACHCHIGE
v.
MCI
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: AUGUST 31, 2000
REASONS FOR ORDER BY: DUBÉ J.
DATED: SEPTEMBER 7, 2000
APPEARANCES:
MARC CHÉNARD FOR THE APPLICANT
THI MY DUNG TRAN FOR THE RESPONDENT
SOLICITORS OF RECORD:
MARC CHÉNARD FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
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