Date: 20040223
Docket: IMM-2715-03
Ottawa, Ontario, this 23rd day of February 2004
Present: The Honourable Madam Justice Heneghan
BETWEEN:
O. K.[1]
Applicant,
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. O. K. (the "Applicant") seeks judicial review of the decision of the Immigration and Refuge Board, Refugee Protection Division (the "Board"). In its decision, dated March 25, 2003, the Board determined that the Applicant was not a Convention refugee or a person in need of protection.
[2] The Applicant, a citizen of Ukraine, applied for Convention refugee status in Canada on June 26, 2001, on the grounds that he fears unknown persons in the Ukraine and that the authorities cannot protect him or his family. The Board made negative credibility findings against the Applicant and further found no credible basis for this claim.
[3] It is the role of the Board to make credibility findings and in the absence of evidence to support those findings a reviewing Court should not intervene, see Aguebor v. Canada (Minister of Employment and Immigration (1993), 160 N.R. 315 (F.C.A.). In my opinion, the findings of the Board are supported by the evidence, including the Applicant's evidence at his hearing. There is no basis for judicial intervention and this application for judicial review is dismissed.
[4] Counsel for the Applicant submitted three questions for certification. Counsel for the Respondent argued that the questions do not meet the test for certification as discussed in Chu v. Canada (Minister of Citizenship and Immigration) (1996), 116 F.T.R. 68 (Fed. T.D.). I agree with the Respondent and no question will be certified.
ORDER
The application for judicial review is dismissed and no question will be certified.
"E. Heneghan"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2715-03
STYLE OF CAUSE: O.K. v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: February 18, 2004
REASONS FOR ORDER
AND ORDER: The Honourable Madam Justice Heneghan
DATED: February 23, 2004
APPEARANCES:
David Matas FOR APPLICANT
Nalini Reddy FOR RESPONDENT
Department of Justice
Winnipeg, Manitoba
SOLICITORS OF RECORD:
David Matas FOR APPLICANT
Barrister & Solicitor
602 - 225 Vaughan Street
Winnipeg, MB R3C 1T7
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada
[1]The style of cause was amended at the request of counsel for the Applicant following the hearing of this application.