Federal Court Decisions

Date: 20020612

Docket: IMM-5389-00

Neutral citation: 2002 FCT 665

Ottawa, Ontario, June 12, 2002

Before: Tremblay-Lamer J.

BETWEEN:

MUTLU YILDIRIM

Plaintiff

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Defendant

REASONS FOR ORDER AND ORDER

[1]                 This is an application for judicial review of a decision by the Refugee Division of the Immigration and Refugee Board ("the Refugee Division") that the plaintiff is not a Convention refugee.

[2]                 The plaintiff, a citizen of Turkey, alleged a valid fear of persecution by Turkey on account of his nationality, race and alleged political opinions, due to his Kurdish origin.

[3]                 The Refugee Division dismissed the plaintiff's claim for lack of credibility in view of his hesitant and confused testimony, riddled with inconsistencies and improbabilities. The courts have clearly held that the Refugee Division has full jurisdiction over the probability or credibility of testimony (Aguebor v. M.E.I. (1993), 160 N.R. 315 (C.A.)). The Refugee Division gave clear and unambiguous reasons. Despite the able argument by Mr. Lebrun, the decision is clearly beyond dispute on this point.

[4]                 The plaintiff further argued that documents M-1 to M-5 were not duly filed. I do not think so. Although these documents were filed after the hearing of March 3, 2000, the tribunal continued the hearing on July 19, 2000, to allow the plaintiff to respond to the content of those documents filed, and he did so. He therefore suffered no harm, since he had an ample opportunity to be heard before the Refugee Division ruled on the merits of his claim. In my opinion, this way of proceeding meets the requirements of procedural fairness.

[5]                 Consequently, there is no basis justifying the intervention of the Court.

ORDER

THE COURT ORDERS THAT:

The application for judicial review is dismissed.

              

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

  

COURT No.:                                                                       IMM-5389-00

STYLE OF CAUSE:                                                          MUTLU YILDIRIM

v.

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

   

PLACE OF HEARING:                                                   OTTAWA, ONTARIO

DATE OF HEARING:                                                     JUNE 11, 2002

REASONS FOR ORDER AND ORDER BY:            TREMBLAY-LAMER J.

DATED:                                                                              JUNE 12, 2002

  

APPEARANCES:

MICHEL LE BRUN                                                            FOR THE PLAINTIFF

GUY LAMB                                                                         FOR THE DEFENDANT

  

SOLICITORS OF RECORD:

MICHEL LE BRUN                                                            FOR THE PLAINTIFF

MONTRÉAL, QUEBEC

MORRIS ROSENBERG                                                    FOR THE DEFENDANT

DEPUTY ATTORNEY GENERAL OF CANADA