Date: 19990222
Docket: IMM-2855-98
Between:
SOUAD HAMMOUD
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER, J.:
[1] This is an application for judicial review of a decision of the Refugee Division, in which it was determined that the applicant was not a Convention refugee.
[2] The applicant, a Lebanese citizen, claims refugee status by reason of her membership in her family's particular social group and her political opinions.
[3] The Refugee Division concluded that the applicant's account was not credible considering the improbable statements in her testimony. In particular, the applicant claims to have been arrested and imprisoned for a month by the Hezbollah, interrogated and threatened with death.
[4] It is true that the documentary evidence suggests that people living in the security zone who do not collaborate with Israel may be interrogated by the Hezbollah when they leave the zone. However, no cases of violence have been reported, and even deserters are not mistreated. Thus, this evidence contradicts the applicant's account. The panel was justified in finding relevant items of evidence enabling it to compare the subjective account of an applicant with the facts. The applicant had the opportunity to comment on this evidence filed at the hearing as she was present with her counsel.
[5] The panel also noted that information essential to her claim was missing from her PIF. I believe it is reasonable for the panel to doubt the truthfulness of an account when an applicant fails to mention important facts in his PIF but subsequently adds them in his oral testimony, thus giving the impression that he is exaggerating the events of his life to increase his chance of success.
[6] Thus, there are no grounds for this Court to intervene in this case. The application for judicial review is therefore dismissed.
[7] Counsel did not submit any questions to be certified.
"Danièle Tremblay-Lamer"
JUDGE
OTTAWA, ONTARIO
February 22, 1999.
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-2855-98
| STYLE OF CAUSE: SOUAD HAMMOUD v. THE MINISTER |
| PLACE OF HEARING: MONTRÉAL, QUEBEC |
| DATE OF HEARING: FEBRUARY 19, 1999 |
| REASONS FOR ORDER BY: TREMBLAY-LAMER, J. |
| DATED: FEBRUARY 22, 1999 |
APPEARANCES:
| MR. SYLVIO HOULE FOR THE APPLICANT |
| MR. THI MY DUNG TRAN FOR THE RESPONDENT |
SOLICITORS OF RECORD:
| MR. SYLVIO HOULE FOR THE APPLICANT |
MONTRÉAL, QUEBEC
| MR. MORRIS ROSENBERG FOR THE RESPONDENT |
DEPUTY ATTORNEY GENERAL
OF CANADA