Mongo v. Canada (Minister of Citizenship and Immigration), docket IMM-1005-98

                                           Date: 19990505

                                           Docket: IMM-1005-98

MONTRÉAL, QUEBEC, THE 5th DAY OF MAY 1999

PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER

BETWEEN:                  PARFAIT MONGO

                                                     Applicant

                             AND:

                    MINISTER OF CITIZENSHIP

                        AND IMMIGRATION

                                                    Respondent

     Application for judicial review of a decision dated February 19, 1998, in file number M97-01011, by Suzanne Gilbert and Danielle Debbas, members of the Immigration and Refugee Board, in accordance with section 82.1 of the Immigration Act.

                           O R D E R

     The application for judicial review is dismissed.

                                        Danièle Tremblay-Lamer       

                                                Judge

Certified true translation

M. Iveson

                                                Date: 19990506

                                           Docket: IMM-1005-98

Between:

                         PARFAIT MONGO

                                                     Applicant

                            - and -

            MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                    Respondent

                       REASONS FOR ORDER

TREMBLAY-LAMER J.:

[1] This is an application for judicial review of a decision by the Immigration and Refugee Board (I.R.B.) that the applicant is not a Convention refugee.

[2] The applicant is a citizen of the Congo. He has been a member of the Parti congolais du travail (P.C.T.) [Congolese Workers' Party] since February 16, 1989.

[3] As appears from all of the facts on the record, the applicant's fear of persecution is primarily based on his political activity as a member of the P.C.T., which was no longer in power at that time and had not been in power since August 1992.

[4] In the instant case, the panel found that the applicant did not establish a well-founded fear of persecution, as the P.C.T. returned to power on October 25, 1997.

[5] The applicant submits that despite the fact his party took power, it was not proven that conditions had changed enough to support the existence of a significant change in circumstances which would remove his fear of persecution.

[6] I do not agree. As the applicant's affidavit indicates,[1]it appears that not only he, but also his father, brother and sister seem to have benefited a great deal from their political participation in the P.C.T. when it was in power under the same leader, General Denis Sassou Ngnésso. As the latter is in power again, it is clear that the applicant accordingly no longer has anything to fear; therefore, the panel properly found that his fear of persecution was no longer objectively justified.

[1] With regard to the application of subsection 2(3) of the Immigration Act,[2]in light of the test laid down in Shahid[3]and the lack of evidence of lasting psychological after-effects, the panel's findings are not at all unreasonable.

[2] The application for judicial review is dismissed.

[3] Neither counsel recommended that a question be certified.

                                        Danièle Tremblay-Lamer         

                                           JUDGE

MONTRÉAL, QUEBEC

May 6, 1999.

Certified true translation

M. Iveson

                           Trial Division of

                the Federal Court of Canada

Date: 19990506

Docket: IMM-1005-98

Between:

                            PARFAIT MONGO

                                                                   Applicant

                                       AND

                   MINISTER OF CITIZENSHIP

                          AND IMMIGRATION

                                                              Respondent

                        REASONS FOR ORDER

                                             FEDERAL COURT OF CANADA

                                                         TRIAL DIVISION

                        NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO. :                                IMM-1005-98

STYLE OF CAUSE:                       PARFAIT MONGO

                                                                                                                                  Applicant

                                                      AND

MINISTER OF CITIZENSHIP

                                                                              AND IMMIGRATION

                                                                                                                              Respondent

PLACE OF HEARING:                  MONTRÉAL, QUEBEC

DATE OF HEARING:                    May 5, 1999

REASONS FOR ORDER OF THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER

DATED                                         May 6, 1999

APPEARANCES:

Nathalie Leblanc                                                                                               for the applicant

Michel Joubert                                                                                               for the respondent

SOLICITORS OF RECORD:

Sabine Venturelli                                                                                               for the applicant

Montréal, Quebec

Morris Rosenberg

Deputy Attorney General of Canada

Montréal, Quebec                                                                                          for the respondent