Date: 20001023
Docket: IMM-163-00
Ottawa, Ontario, the 23rd day of October 2000
PRESENT: THE ASSOCIATE CHIEF JUSTICE
BETWEEN:
ZELIHA YANAR
Applicant
And
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
CONSIDERING the application for judicial review of the decision of the Convention Refugee Determination Division dated December 9, 1999;
CONSIDERING the parties' submissions and the hearing held October 17, 2000, in Montréal;
IT IS ORDERED T"HAT:
The application for judicial review is dismissed.
« Allan Lutfy »
A.C.J.
Certified true translation
Date: 20001023
Docket: IMM-163-00
BETWEEN:
ZELIHA YANAR
Applicant
And
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LUTFY A.C.J.
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division (the "CRDD") in which it was determined that the applicant, a citizen of Turkey, is not a Convention refugee. The applicant claimed to have a well-founded fear of persecution for reasons of religion, her Kurdish ethnic group, and membership in a particular social group, namely her family. The Board did not find the facts in support of the applicant's claim credible.
[2] The applicant and her husband, parents of seven children, were separated several years ago. Her husband was granted refugee status in 1987 and now lives in Canada. One of their sons, also a Convention refugee, resides in Canada. Their six other children also live in Canada after having been sponsored by their father.
[3] The Board determined that the applicant's "primary reason" for leaving her country was to be reunited with her children in Canada. To support its finding, t he CRDD could have relied on admissions made by the applicant in both her Personal Information Form and her oral testimony.
[4] According to the applicant, she was interrogated by members of the police force regarding one of her sons living in Canada and one of her nephews who was accused of spreading Kurdish propaganda at a university in Turkey. These interrogations were repeated over a three-year period. The CRDD found that the applicant was not credible in that regard.
[5] After having taken cognizance of the hearing transcript, the Personal Information Form and certain excerpts of the documentary evidence, I am of the view that the intervention of this Court was not warranted since the applicant failed to prove an error in the Board's findings. The Board could reasonably base its determination regarding the applicant's credibility on the improbability of her narrative, without considering her desire to be reunited with her children in Canada. At the very most, the latter element would be relevant in determining whether humanitarian and compassionate grounds exist, which would allow the applicant to emigrate to Canada. However, this matter was not at issue in the present case.
[6] As a result, the application for judicial review is dismissed. There are no serious
questions to be certified in this instance.
« Allan Lutfy »
A.C.J.
Ottawa, Ontario
October 23, 2000
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-163-00
STYLE OF CAUSE: ZELIHA YANAR v. MINISTER OF CITIZENSHIP AND
IMMIGRATION
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: OCTOBER 17, 2000
REASONS FOR ORDER OF THE ASSOCIATE CHIEF JUSTICE LUTFY
DATED: OCTOBER 23, 2000
APPEARANCES:
LUC DESMARAIS FOR THE APPLICANT
THI MY DUNG TRAN FOR THE RESPONDENT
SOLICITORS OF RECORD:
LUC DESMARAIS FOR THE APPLICANT
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General
of Canada
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