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Date: 19971216


Docket: IMM-4796-96

BETWEEN:

     S M AMINUL HAQUE,

     SHAMPA HAQUE,


Applicants,

     - 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 Convention Refugee Determination Division of the Immigration and Refugee Board denying the Applicants refugee status.

[2]      The Applicants are a married couple from Bangladesh. The male Applicant claims to have been persecuted due to his political opinions and his membership in the Jatiya Party.

[3]      As for his wife, she bases her claim for refugee status on her husband's, as well as invokes religion as a Convention ground. She is Christian and has purportedly encountered difficulties with Muslim fundamentalists.

[4]      The Board, however, found that the Applicants lacked credibility, stating that their testimony was fraught with inconsistencies and implausibilities.

[5]      It has been recognized many times over that questions of credibility are entirely within the Board's jurisdiction. Having reviewed the inconsistencies and implausibilities identified by the Board, I believe that its findings were open to it on the evidence. Accordingly, this Court should not intervene in its decision.

[6]      The application for judicial review is dismissed.

[7]      Neither counsel recommended certification of a question in this matter.

     Danièle Tremblay-Lamer

                                         JUDGE

Montreal, Quebec

December 16, 1997

     FEDERAL COURT OF TRIAL


Date: 19971216


Docket: IMM-4796-96

BETWEEN:

     S M AMINUL HAQUE,

     SHAMPA HAQUE,


Applicants,

     - and -

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION,


Respondent.



REASONS FOR ORDER



FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD


COURT NO:IMM-4796-96


STYLE OF CAUSE:S M AMINUL HAQUE,

SHAMPA HAQUE,


Applicants,

                     - and -

                     THE MINISTER OF CITIZENSHIP AND IMMIGRATION,

Respondent.

PLACE OF HEARING:                  Montreal, Quebec

DATE OF HEARING:                  December 16th, 1997

REASONS FOR ORDER BY:              The Honourable Madame Justice

                             Tremblay-Lamer

DATED:                          December 16th, 1997

APPEARANCE:      Me Jean-Michel Montbriand          for the Applicants

     Me Édith Savard          for the respondent

SOLICITORS OF RECORD:

     Doyon, Guertin, Plamondon & Montbriand

     Montréal, Québec          for the Applicants

     George Thomson

     Deputy Attorney General

     of Canada

     Ottawa, Ontario          for the Respondent

    

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