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                                                                                                                                Date: 20040617

                                                                                                                      Docket: IMM-2680-03

                                                                                                                     Citation: 2004 FC 858

BETWEEN:

                                                            KIABIYA LONGANU

                                                                                                                                          Applicant

                                                                        - and -

                                                    MINISTER OF CITIZENSHIP

                                                            AND IMMIGRATION

                                                                                                                                     Respondent

                                                        REASONS FOR ORDER

PINARD J.

[1]         This is an application for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board (the IRB), dated March 20, 2003, that the applicant is not a Convention refugee or a "person in need of protection" within the meaning of sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

[2]         Kiabiya Longanu (the applicant) is a citizen of the Democratic Republic of Congo and she alleges that she is a refugee and a person in need in protection because of her perceived political opinion.


[3]         The IRB determined that the applicant was not credible. The panel pointed out that her testimony was vague, hesitant and imprecise, and that she had been unable to provide satisfactory explanations regarding the many contradictions, implausibilities and inconsistencies in her story. Among other things, the IRB criticized the applicant for having disposed of the passport, plane ticket and boarding passes in question without providing reasonable explanations.

[4]         It is settled law that in matters of credibility and assessment of the facts, this Court cannot substitute its opinion for that of such an administrative tribunal when the applicant fails to show that this specialized tribunal's decision was based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it (paragraph 18.1(4)(d) of the Federal Court Act, R.S.C. 1985, c. F-7). In this case, the evidence in the record generally supports the panel's findings of fact, and the transcript of the hearing before it does not have any significant irregularities. The applicant submits that the IRB erred in not considering the objective situation in the Congo in assessing her credibility. It is true that the new Congolese government is a repressive government (see the documentary evidence at pages 84 to 577 of the Tribunal Record). Nevertheless, the applicant did not establish the connection between her story and this documentary evidence regarding the situation in the Congo. In Sheikh v. Canada (M.E.I.), [1990] 3 F.C. 238, the Federal Court of Appeal stated that the lack of credibility in a refugee claimant's testimony can result in the absence of a link between the claimant's story and the documentary evidence.

[5]         Finally, the applicant's allegation that Canada, by deporting her to the Congo, would be violating its international obligations and sections 7 and 12 of the Canadian Charter of Rights and Freedoms, is premature at the refugee determination stage before the IRB (see Coomaraswamy v. Canada (M.C.I.), [2002] 4 F.C. 501 (C.A.)).


[6]         For all of these reasons, the application for judicial review is dismissed.

                      "Yvon Pinard"                    

       JUDGE                          

OTTAWA, Ontario

June 17, 2004

Certified true translation

Kelley A. Harvey, BA, BCL, LLB


                                                             FEDERAL COURT

                                                     SOLICITORS OF RECORD

DOCKET:                                                      IMM-2680-03

STYLE OF CAUSE:                                     KIABIYA LONGANU v. MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                Montréal, Quebec

DATE OF HEARING:                                   May 11, 2004

REASONS FOR ORDER:                          Pinard J.

DATE OF REASONS:                                 June 17, 2004           

APPEARANCES:

Stewart Istvanffy                                             FOR THE APPLICANT

Edith Savard                                                   FOR THE RESPONDENT

SOLICITORS OF RECORD:

Stewart Istvanffy                                             FOR THE APPLICANT

Montréal, Quebec

Morris Rosenberg                                          FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario

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