Date: 19990806
Docket: IMM-5896-98
Between:
NGOYA SIDONNIE MBIKAYI
Applicant
AND
THE MINISTER
Respondent
Judicial review of the decision dated October 16, 1998, by members Régis Dionne and Jean Bruneau, Q.C. of the Convention Refugee Determination Division of the Immigration and Refugee Board, in file No. M96-12516.
[Section 82.1 of the Immigration Act]
ORDER AND REASONS FOR ORDER
NADON J.
[1] I am of the view that the application for judicial review must be dismissed.
[2] The Refugee Division determined that certain aspects of the applicant"s story were not credible and therefore rejected the claim for refugee status.
[3] According to the Refugee Division, the applicant"s testimony concerning her arrest, and in particular her escape five weeks later, was implausible.
[4] The Refugee Division also determined that the applicant"s testimony concerning the circumstances which enabled her to get back into touch with her spouse living in Abidjan, Ivory Coast, was implausible. The Refugee Division described this portion of the applicant"s testimony as [TRANSLATION] "far-fetched and unbelievable".
[5] In light of the evidence, I am of the view that no intervention is warranted in the instant case, despite the very able representations of Ms. Fiset.
[6] The Refugee Division"s findings concerning the applicant"s testimony are not unreasonable. For example, there was nothing to stop her from calling as a witness the pastor Diamo, who lived in Montréal according to the applicant. As the applicant"s testimony with respect to getting back into touch with her spouse was based on the fact that pastor Diamo had met her spouse during a trip to Abidjan, it is difficult to understand why he was not called to testify. His testimony would certainly have had a positive impact and would have corroborated the applicant"s statements.
[7] In any event, the applicant did not persuade me that I should intervene in the instant case.
Marc Nadon
Judge
MONTRÉAL, QUEBEC
August 6, 1999
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19990806
Docket: IMM-5896-98
Between:
NGOYA SIDONNIE MBIKAYI
Applicant
AND
THE MINISTER
Respondent
ORDER AND REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO. : IMM-5896-98
STYLE OF CAUSE : NGOYA SIDONNIE MBIKAYI
Applicant
AND
THE MINISTER
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: AUGUST 5, 1999
ORDER AND REASONS FOR ORDER OF
| THE HONOURABLE MR. JUSTICE NADON |
DATED AUGUST 6, 1999
APPEARANCES:
Eveline Fiset Applicant
My Dung Tran Thi Respondent
SOLICITORS OF RECORD:
Montréal, Quebec Applicant
Morris Rosenberg Respondent
Deputy Attorney General of Canada
Federal Department of Justice
Montréal, Quebec