Date: 19991223
Docket: IMM-6027-98
Ottawa, Ontario, the 23rd day of December 1999
Present: The Honourable Mr. Justice Pinard
Between:
JULIETTE TEKULE YAKULANGU
KOLOSIA FAGBA
Applicants
- and -
THE MINISTER
Respondent
ORDER
The application for judicial review of a Convention Refugee Determination Division decision dated October 20, 1998, determining that the applicants are not Convention refugees, is dismissed.
YVON PINARD_____
JUDGE
Certified true translation
Peter Douglas
Date: 19991223
Docket: IMM-6027-98
Between:
JULIETTE TEKULE YAKULANGU
KOLOSIA FAGBA
Applicants
- and -
THE MINISTER
Respondent
REASONS FOR ORDER
PINARD J.:
[1] This is an application for judicial review of a Convention Refugee Determination Division decision dated October 20, 1998, determining that the applicants, Juliette Tekule Yakulangu and her son, Kolosia Fagba, are not Convention refugees.
[2] The Refugee Division considered the principal applicant not credible, and found that she had failed to establish, on the balance of probabilities, the crucial fact that she was the wife of Mr. Kolosia, an aide-de-camp of Field Marshall Mobutu. Furthermore, the panel has found that the principal applicant"s behaviour was inconsistent with that of a person with a well-founded fear of persecution.
[3] The impugned decision appears to be based on both the testimony of the principal applicant and documentary evidence-exhibits P-1 to P-8-with which she was confronted.
[4] As the issue is basically the assessment of the facts, it is well-settled that it is not for this Court to take the place of the Refugee Division where, as here, the refugee claimants fail to prove that the decision is based on an erroneous finding of fact that the tribunal made in a perverse or capricious manner or without regard for the material before it (see paragraph 18.1(4)(d) of the Federal Court Act). Moreover, upon reviewing all the evidence, I can conclude that the inferences drawn by this specialized tribunal were reasonable (see Aguebor v. M.E.I. (1993), 160 N.R. 315 (F.C.A.)).
[5] The application for judicial review is accordingly dismissed.
___YVON_PINARD___
OTTAWA, ONTARIO
December 23, 1999
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-6027-98
STYLE OF CAUSE: JULIETTE TEKULE YAKULANGU
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: NOVEMBER 10, 1999
REASONS FOR ORDER OF PINARD J.
DATED DECEMBER 23, 1999
APPEARANCES:
Luc Desmarais FOR THE APPLICANTS
Pascale-Catherine Guay FOR THE RESPONDENT
SOLICITORS OF RECORD:
Luc Desmarais FOR THE APPLICANTS
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
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