Date: 20050201
Docket: IMM-1745-04
Citation: 2005 FC 130
BETWEEN:
Étienne Bakadib MWAMBA
Applicant
- and -
THE 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 February 4, 2004, that the applicant is not a Convention "refugee" or a "person in need of protection" as defined by sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Étienne Bakadib Mwamba (the applicant) is a citizen of the Democratic Republic of the Congo (the DRC). He alleged he had a valid fear of persecution in his country based on his religion, his membership in a particular social group and his perceived political opinion.
[3] The IRB concluded that the applicant was not a "Convention refugee" nor a "person in need of protection" for the following reasons.
- The applicant gave testimony about his travel to Canada from the DRC which was not credible. He said he travelled using his paternal uncle's diplomatic passport, a passport which he received by messenger at Congo-Brazzaville. He said this woman had travelled with him to the U.S. He said his uncle's diplomatic passport and the air ticket were destroyed by the woman, which contradicts the applicant's statements at the point of entry, where he related that the woman had returned to Africa with the passport. When confronted with this contradiction, the applicant noticeably revised his testimony, stating that woman had gone back to destroy the document.
- The applicant was unable to give a reasonable explanation as to why he had applied for a Congolese passport in 1999 if he did not have the financial resources to obtain it and he did not intend to travel in 1999.
- There were several contradictions between the applicant's testimony and the documentary evidence. He testified that he had spoken to his brother in Kigali twice a month from late 2002 to early 2003, whereas according to his testimony the business had been under close surveillance for several months. It was not until July 25, 2003, that the applicant was charged with giving strategic information to the enemy. This inconsistency contradicted the documentary evidence, which described raids by security forces in private businesses accused of collaborating with the rebels.
- It is not plausible that the applicant could have been released from prison without opposition in a country where the prison system is reputed to allow abuse, beating and systematic torture of inmates.
- The applicant gave hesitant and confused testimony about his church. The applicant did not establish that he had been arrested and held by officers of the Agence nationale de renseignements and of the Cour d'ordre militaire. The panel also did not believe he was held at the same place, because he was part of the "Armée de la Victoire".
[4] After reviewing the evidence, I feel that the IRB's reasons were generally supported by significant aspects of the evidence, provided in particular by the testimony of the applicant himself, his statement at the point of entry and the documentary evidence, and that this specialized tribunal could reasonably draw the inferences it drew and reach the conclusions that it did (see Aguebor v. Canada (M.E.I.) (1992), 160 N.R. 315 (F.C.A.)). In the circumstances, as the applicant failed to establish that the panel based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it (see paragraph 18.1(4)(d) of the Federal Courts Act, R.S.C. 1985, c. F-7), the application for judicial review is dismissed.
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YVON PINARD
JUDGE |
OTTAWA, ONTARIO
February 1, 2005
Certified true translation
K. Harvey
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1745-04
STYLE OF CAUSE: Étienne Bakadib MWAMBA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 15, 2004
REASONS FOR ORDER BY: The Honourable Mr. Justice Pinard
DATED: February 1, 2005
APPEARANCES:
Dany Brouillette FOR THE APPLICANT
Marie-Ève Robillard FOR THE RESPONDENT
SOLICITORS OF RECORD:
Dany Brouillette FOR THE APPLICANT
Montréal, Quebec
John H. Sims. Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada