Hammoud v. Canada (Minister of Citizenship and Immigration), docket IMM-2855-98

Date: 19990222

Docket: IMM-2855-98

Between:

     SOUAD HAMMOUD

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

TREMBLAY-LAMER, J.:

[1]      This is an application for judicial review of a decision of the Refugee Division, in which it was determined that the applicant was not a Convention refugee.

[2]      The applicant, a Lebanese citizen, claims refugee status by reason of her membership in her family's particular social group and her political opinions.

[3]      The Refugee Division concluded that the applicant's account was not credible considering the improbable statements in her testimony. In particular, the applicant claims to have been arrested and imprisoned for a month by the Hezbollah, interrogated and threatened with death.

[4]      It is true that the documentary evidence suggests that people living in the security zone who do not collaborate with Israel may be interrogated by the Hezbollah when they leave the zone. However, no cases of violence have been reported, and even deserters are not mistreated. Thus, this evidence contradicts the applicant's account. The panel was justified in finding relevant items of evidence enabling it to compare the subjective account of an applicant with the facts. The applicant had the opportunity to comment on this evidence filed at the hearing as she was present with her counsel.

[5]      The panel also noted that information essential to her claim was missing from her PIF. I believe it is reasonable for the panel to doubt the truthfulness of an account when an applicant fails to mention important facts in his PIF but subsequently adds them in his oral testimony, thus giving the impression that he is exaggerating the events of his life to increase his chance of success.

[6]      Thus, there are no grounds for this Court to intervene in this case. The application for judicial review is therefore dismissed.

[7]      Counsel did not submit any questions to be certified.

     "Danièle Tremblay-Lamer"

                                     JUDGE

OTTAWA, ONTARIO

February 22, 1999.

Certified true translation

Monica F. Chamberlain

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                  IMM-2855-98

APPEARANCES:

SOLICITORS OF RECORD:

MONTRÉAL, QUEBEC

DEPUTY ATTORNEY GENERAL

OF CANADA