Ramirez v. Canada (Minister of Citizenship and Immigration), docket IMM-1293-98

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docket IMM-1293-98

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Text of decision

Date: 19990312

Docket: IMM-1293-98

BETWEEN:

VICTOR MANUEL TRASVINA RAMIREZ

ALMA DELIA PINA RODRIGUEZ

EUNICE JOSELIN PINA RODRIGUEZ

SAMUEL TRASVINA PINA

BIBIANA TRASVINA-RAMIREZ

VICTOR TRASVINA SUBIA

BERNARDINA RAMIREZ DE TRASVINA

Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

NADON J.

[1] The Refugee Board dismissed the applicants" claims to refugee status in Canada. By its decision dated February 18, 1998 the Board concluded, inter alia, that the principal applicant"s story, in a number of respects, was not credible. As I indicated to counsel during the hearing, the Board"s findings on credibility are not, on the record, unreasonable.

[2] The Board also found that the principal applicant"s failure to claim refugee status in the United States, while in the that country, in April and May 1995 and his subsequent return to Mexico were inconsistent with a well-founded fear of persecution.

[3] Counsel for the applicants argued that the principal applicant gave a reasonable explanation as to why he had not claimed refugee status in the United States. Even if I were to accept this argument, the principal applicant did not explain why he returned to Mexico where he feared persecution. In my view, the Board made no error in concluding as it did.

[4] As the Board"s findings on credibility were sufficient to dispose of the matter, I need not address the applicants" other grounds of attack.

[5] For these reasons, the judicial review application is denied.

"Marc Nadon"

J.F.C.C.

TORONTO, ONTARIO

March 12, 1999

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO: IMM-1293-98

STYLE OF CAUSE: VICTOR MANUEL TRASVINA RAMIREZ ALMA DELIA PINA RODRIGUEZ

EUNICE JOSELIN PINA RODRIGUEZ

SAMUEL TRASVINA PINA

BIBIANA TRASVINA-RAMIREZ

VICTOR TRASVINA SUBIA

BERNARDINA RAMIREZ DE TRASVINA

and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

DATE OF HEARING: THURSDAY, MARCH 11, 1999

PLACE OF HEARING: TORONTO, ONTARIO

REASONS FOR ORDER AND ORDER BY: NADON J.

DATED: FRIDAY, MARCH 12, 1999

APPEARANCES: Mr. John Somjen

For the Applicant

Ms. Susan Nucci

For the Respondent

SOLICITORS OF RECORD: Somjen & Peterson

Barristers & Solicitors

810-1240 Bay St.,

Toronto, Ontario

M5R 2A7

For the Applicant

Morris Rosenberg

Deputy Attorney General

of Canada