Docket: IMM-7515-04
Ottawa, Ontario, this 14th day of March, 2005
Present: THE HONOURABLE MR. JUSTICE von FINCKENSTEIN
BETWEEN:
VIOREL MUNTEANU
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered orally from the bench and subsequently written
for clarification and precision)
[1] The Applicant, Viorel Munteanu, is a Romanian citizen who left Romania in 1991 and went to Germany, where he lived until 1996. Upon returning to Romania, the Applicant was questioned, held for a day and beaten. The Applicant claims that in August 1996, he was stabbed in the back several times by Hazam Balta, the son of a governor, because he asked Mr. Balta's girlfriend, Julia-Laura Popoutanu, to dance at a bar. When he tried to file a complaint against Mr. Balta at the police station, the police beat and insulted him. After the relationship between Mr. Balta and Ms. Popoutanu ended, the Applicant married her on June 9, 1997.
[2] He claims that at this point, he was still afraid of Mr. Balta and consequently, he often had to hide. Nonetheless he obtained Turkish visas of varying lengths and made several trips there between June 1997 and December 2000. He went to Italy in September 2002. Unable to find work there, he went to Spain, where he lived for four months before coming to Canada on December 18, 2002.
[3] The Applicant claims that he is afraid to return to Romania:
a) because of Mr. Balta and the police, who the Applicant claims are Mr. Balta's accessories and
b) because in December 2000, his photograph was published in an article on stowaways in a Romanian newspaper and he fears this publication would allow the authorities to identify him if he were to return to Romania.
[4] The Board denied his claim finding his allegation of persecution not credible and finding that there were no objective reasons for his fear of persecution.
[5] It is well established that the Board has a significant degree of expertise in the determination of questions of fact. The evaluation of an applicant's credibility is squarely within the jurisdiction of the Board. (See Rahaman v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 1800 (QL) (T.D.))
[6] The Board found:
(a) there were significant differences between the Port of Entry ("POE") Notes and the Applicant's Personal Information Form ("PIF");
(b) the persecution the Applicant refers to took place four years ago. While he was allegedly being persecuted from January 2001 to October 2001, he was living and working in Romania; and
(c) that the Applicant was able to travel to Turkey and back on multiple visas without any difficulties.
[7] In light of the foregoing, the Board's decision cannot be considered patently unreasonable and should not be disturbed.
Documentary Evidence
[8] The Board referred to the Applicant's subjective fear at page 5 of its Decision stating: "(a)dmittedly the situation in Romania is not ideal. However, the government wants to improve the situation by putting forward various legal measures." In most cases, it would be insufficient for the Board to dismiss a claim of objective fear in such a curt manner. However, in the present case, as the Board did not find the Applicant had established a subjective fear, it was unnecessary for the Board to undertake an analysis of objective fear.
[9] Accordingly, applying the standard of review of patent unreasonableness (see Umba v. Canada (Minister of Citizenship and Immigration), [2004] F.C.J. No. 17), this application cannot succeed.
ORDER
THIS COURT ORDERS that this application be dismissed.
"K. von Finckenstein"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-7515-04
STYLE OF CAUSE: VIOREL MUNTEANU
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: HALIFAX, NOVA SCOTIA
DATE OF HEARING: MARCH 9, 2005
REASONS FOR ORDER
AND ORDER : von FINCKENSTEIN J.
DATED: MARCH 14, 2005
APPEARANCES:
Eugene Tan FOR APPLICANT
Susan Inglis FOR RESPONDENT
SOLICITORS OF RECORD:
Cooper and MacDonald FOR APPLICANT
Halifax, Nova Scotia
John H. Sims, Q.C. FOR RESPONDENT
Deputy Attorney General of Canada