Federal Court Decisions

Decision Information

Decision Content


Date: 19980512


Docket: IMM-2533-97

BETWEEN:

     KABENGELE ROBERT KABUYA

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

McGILLIS, J.

[1]      Despite the able argument of counsel for the applicant, I have concluded that the application for judicial review must be dismissed.

[2]      In its reasons for decision, the Immigration and Refugee Board ("Board") conducted a thorough review of the evidence, and explained in detail its reasons for determining that the applicant was lacking in credibility. In support of its finding, the Board cited, among other things, various inconsistencies in the evidence relating to the applicant's alleged activities and position in the UDPS party in Zaire. In my opinion, it was reasonably open to the Board, on the basis of the evidence in the record, to conclude that the applicant lacked credibility. In the circumstances, my intervention in this matter is not warranted.

[3]      The application for judicial review is dismissed. The case raises no serious question of general importance.

"D. McGillis"

Judge

Toronto, Ontario

May 12, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-2533-97

STYLE OF CAUSE:                      KABENGELE ROBERT KABUYA

                             - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

DATE OF HEARING:                  MAY 12, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              MCGILLIS, J.

DATED:                          MAY 12, 1998

APPEARANCES:                     

                             Mr. David P. Yerzy

                                 For the Applicant

                             Mr. David Tyndale

                                 For the Respondent

SOLICITORS OF RECORD:             

                             David Yerzy

                             Barrister & Solicitor

                             14 Prince Arthur Avenue

                             Suite 108

                             Toronto, Ontario

                             M5R 1A9

                                 For the Applicant

                              George Thomson

                             Deputy Attorney General

                             of Canada

                                 For the Respondent


                            

                             FEDERAL COURT OF CANADA

                                 Date: 19980512

                        

         Docket: IMM-2533-97

                             Between:

                             KABENGELE ROBERT KABUYA

     Applicant

                             - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

                                 REASONS FOR ORDER

                            


 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.