IMM-2668-96
OTTAWA, ONTARIO, this 4th day of June 1997
PRESENT: THE HONOURABLE MR. JUSTICE PINARD
BETWEEN:
VICTOR MANUEL GUTIERREZ GUTIERREZ,
ANA ISABEL DURAN TRONCOSO,
VICTOR DANIEL GUTIERREZ DURAN,
Applicants,
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
O R D E R
The application for judicial review of the decision of the Refugee Division dated July 17, 1996, determining that the applicants are not Convention refugees, is dismissed.
YVON PINARD
JUDGE
Certified true translation
C. Delon, LL.L.
IMM-2668-96
BETWEEN:
VICTOR MANUEL GUTIERREZ GUTIERREZ,
ANA ISABEL DURAN TRONCOSO,
VICTOR DANIEL GUTIERREZ DURAN,
Applicants,
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
PINARD J.
This is an application for judicial review of a decision of the Refugee Division dated July 17, 1996, determining that the applicants, Victor Daniel Gutierrez Duran, his father Victor Manual Gutierrez Gutierrez and his mother Ana Isabel Duran Troncoso, are not Convention refugees. The tribunal preferred the documentary evidence indicating that [translation] "fundamental and lasting changes have occurred in Chile since 1989" to the testimony of the principal applicant. The tribunal based its decision on that evidence, which was that the social and political situation has been normalized in Chile, to the point that the U.N. High Commission for Refugees [translation] "no longer grants international protection to Chilean exiles". The tribunal found that [translation] "these changes make [the principal applicant's account] implausible".
This application was heard at the same time as the application for judicial review in file no. IMM-2485-96, in which the main question in issue, which is the same, was disposed of by the undersigned. Having regard to the evidence in the record, it therefore seems to me that this application should also be dismissed, for the same reasons as those stated in support of my decision in that other case.1
As well, like counsel for the parties, I do not believe that there is any question here to be certified.
OTTAWA, ONTARIO
June 4, 1997
YVON PINARD
JUDGE
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: IMM-2668-96
| STYLE OF CAUSE: VICTOR MANUEL GUTIERREZ GUTIERREZ ET AL. v. MINISTER OF CITIZENSHIP AND IMMIGRATION |
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: MAY 21, 1997
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD
DATED: JUNE 4, 1997
APPEARANCES:
ALAIN JOFFE FOR THE APPLICANTS
MICHELE JOUBERT FOR THE RESPONDENT
SOLICITORS OF RECORD:
NADLER, JOFFE FOR THE APPLICANTS
MONTRÉAL, QUEBEC
George Thomson FOR THE RESPONDENT
Deputy Attorney General of Canada
__________________
1 A copy of the reasons in support of the decision in IMM-2485-96 is appended to these reasons.
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