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Date: 20000614 Docket: IMM-6283-98

BETWEEN:

Luis Antonio GONZALES HENRIQUEZ

Applicant

AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

DENAULT J.

[1]           This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") wherein it was determined that the Applicant, a citizen of Peru, is not a Convention refugee.

[2]         The Board found the Applicant not to be a Convention refugee due to the overall lack of credibility of his claim. The Board's decision relies on several implausibilities, inconsistencies, contradictions as well as on the fact that the Applicant never sought state

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protection from Peru. The Board characterized the Applicant's testimony as being vague, non spontaneous and confused.

[3]         In Aguebor v. M.E.I. (1993), 160 N.R. 315, the Federal Court of Appeal reiterated the principle that the refugee division is a specialized tribunal, whose role is to assess the credibility and plausibility of the facts invoked by the claimant in support of his claim to refugee status and that it falls upon the tribunal to draw the necessary conclusions from the evidence before it.

[4]         In Kumar v. Canada (M.E.I.) (March 4, 1993), A-1294-91 (F.C.A.) [unreported], Justice D6cary stated that: "[i]t was the tribunal's duty to draw its own conclusions on the contradictions found in the testimony, as it was also responsible for assessing the plausibility of what was said".

[5]         While this Court, called upon to review the findings of the Board may differ in opinion with respect to the conclusions that have been drawn, it must not substitute its own conclusions unless nothing could have justified those of the Board. In the case at bar, it is my view that the Board's findings of an overall lack of credibility on the part of the Applicant were founded, supported by the evidence and based on serious and relevant considerations.

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[6]         For these reasons, this application must be dismissed. In this case, there is no serious question to be certified.

ORDER

This application for judicial review is dismissed.

"PIERRE DENAULT"

Judge

Montreal, Quebec June 14, 2000

Federal Court of Canada

Trial Division

Date: 20000614 Docket: IMM-6283-98

BETWEEN:

Luis Antonio GONZALES HENRIQUEZ Applicant

AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: IMM-6283-98

STYLE OF CAUSE:                     Luis Antonio GONZALES HENRIQUEZ

Applicant

AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

PLACE OF HEARING:                MONTREAL

DATE OF HEARING:                   20000614

REASONS FOR ORDER OF THE HONOURABLE JUDGE DENAULT DATED:    June 14, 2000

APPEARANCES:

Me Mabel E. Fraser                                                             FOR THE APPLICANT

Me Sébastien Dasylva                                                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

Me Mabel E. Fraser                                                             FOR THE APPLICANT

Morris Rosenberg                                                                 FOR THE RESPONDENT Deputy Attorney General of Canada

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