Federal Court Decisions

Decision Information

Decision Content






Date: 20000918


Docket: IMM-336-00



BETWEEN:

     ROUNE ABDI MOHAMED,

     MOUSTAPHA ALI IBRAHIM,

     HAMDA ALI IBRAHIM,

     OMAR ALI IBRAHIM,

     Applicants,


     - and -


     THE MINISTER OF CITIZENSHIP AND IMMIGRATION,

     Respondent.



     REASONS FOR ORDER AND ORDER

DENAULT J.


[1]      Despite the able argument of counsel for the applicant, I am not persuaded that the Immigration Refugee Board made any error of law or overriding error of fact which would require this Court's interference.

[2]      Having made a thorough analysis of all the facts, it was open to the Board to conclude that the applicant's testimony was quite vague with respect to her husband's involvement in the Parti du renouveau démocratique as well as in union activities, and that he had been tortured to death. With respect to the problems she claims to have endured as a result of her husband's activities, in view of the internal contradictions between port of entry notes, her Personal Information Form and her testimony given at two hearings, it was not unreasonable for the Board to conclude that the evidence she presented was neither credible nor trustworthy. As to counsel for the applicant's main contention that the Board erred in failing to give the applicant an opportunity to dispute the fact that the same person had signed all four visa applications of the applicant and those of her three children and a letter signed by the "chef du protocole de l'Assemblée nationale" (Tribunal Record, p. 309), it cannot stand. In view of the notes appearing on the applicant's visa application (Tribunal Record, p. 36), and because of her illiteracy, it was not unreasonable for the Board to infer that the same person had signed all four documents.

[3]      For these reasons, this application for judicial review will be dismissed. No question was submitted for certification.



     ORDER

     This application for judicial review of a decision of the Immigration and Refugee Board, Convention Refugee Determination Division, dated December 16, 1999, is dismissed.


                             ___________________________

                                     Judge

Ottawa, Ontario

September 18, 2000

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.