Date: 20000628
Docket: IMM-1869-99
BETWEEN:
IRINA ANALTE
SIMONA ANALTE
Applicants
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered from the Bench at Toronto, Ontario
on Wednesday, June 28, 2000)
HENEGHAN J.
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board, dated March 9, 1999 wherein the Refugee Division determined that the Applicants are not Convention refugees. The Refugee Division based it"s decision upon a review of the oral testimony of the Principal Applicant, Irina Analte and of the documentary evidence presented on behalf of both the Applicants and the Refugee Claims Officer. The Refugee Division found that the Applicants had not discharged the burden, that is the legal obligation on them, to show "clear and convincing" evidence that there was an absence of state protection in Latvia. Accordingly, the Refugee Division found that the Applicants were not Convention refugees.
ORDER
[2] On the basis of the material before me, including the decision of the Refugee Division, the documentary evidence and the transcript of evidence given by the Principal Applicant at the hearing before the Refugee Division, I am of the opinion that the Refugee Division did not commit a reviewable error and accordingly, the application for judicial review is dismissed.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
June 28, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1869-99 |
| STYLE OF CAUSE: IRINA ANALTE |
SIMONA ANALTE
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
| DATE OF HEARING: WEDNESDAY, JUNE 28, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DELIVERED AT TORONTO, ONTARIO ON WEDNESDAY, JUNE 28, 2000
| APPEARANCES BY: Ms. Irina Analte and |
Ms. Simona Analte
| For the Applicants, on their own behalf |
| Mr. Jeremiah Eastman |
| For the Respondent |
| SOLICITORS OF RECORD: Irina Analte |
Simona Analte
7471 Yonge Street
Apt. #218
Thornhill, Ontario
L3T 2C1
| For the Applicants, on their own behalf |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000628
Docket: IMM-1869-99
BETWEEN:
| IRINA ANALTE |
SIMONA ANALTE
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER