Date: 20000602
Docket: IMM-3790-99
Between:
MOHAMED HOUSSEIN MOHAMED
WARSAMA HOUSSEIN MOHAMED
Applicants
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
[1] This is an application for judicial review of a Convention Refugee Determination Division decision dated June 21, 1999, determining that the applicants are not Convention refugees and that pursuant to subsection 69.1(9.1) of the Immigration Act1 (the Act), they do not have a credible basis for the claim.
[2] The applicants claim to be citizens of Somalia and to have a well-founded fear of persecution for reasons of membership in the particular social groups of family and the Migdan tribe.
Page: 2
[3] The panel dismissed the applicants' claim on grounds of lack of credibility based on significant deficiencies in the evidence submitted regarding their identity as well as their true origins.
[4] It is settled law2 that the Refugee Division has full jurisdiction to assess the credibility of a refugee claimant.
[5] In my opinion, the panel's findings are based on the evidence in the record, and the inferences drawn from it are not unreasonable. In this type of situation, there is no reason for the Court to intervene.
[6] In addition, the applicants maintain that the panel committed an unreasonable error in determining that they did not have a credible basis for the claim.
[7] In my opinion, this finding is appropriate because there was no trustworthy evidence to support a favourable determination of the applicants' claim.
Page: 3
[8] For these reasons, the application for judicial review is dismissed.
Danièle Tremblay-Lamer
JUDGE
MONTRÉAL, QUEBEC
June 2, 2000
Certified true translation
Peter Douglas
| FEDERAL COURT OF CANADA |
| TRIAL DIVISION |
| Date: 20000602 |
| Docket: IMM-3790-99 |
| BETWEEN: |
| MOHAMED HOUSSEIN MOHAMED |
| WARSAMA HOUSSEIN MOHAMED |
| Applicants |
| - AND - |
| MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondent |
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT FILE NO.: IMM-3790-99 |
| STYLE OF CAUSE: MOHAMED HOUSSEIN MOHAMED |
WARSAMA HOUSSEIN MOHAMED
Applicants
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 1, 2000 |
REASONS FOR ORDER OF HONOURABLE TREMBLAY-LAMER J.
| DATED: June 2, 2000 |
| APPEARANCES: |
Marie-Claude Paquette for the applicants
Annie Van Der Meerschen for the respondent
SOLICITORS OF RECORD:
Marie-Claude Paquette
| Montréal, Quebec for the applicants |
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
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