Date: 19990819
Docket: IMM-6312-98
Between:
OLIVIERO LEMUS ALVAREZ
EMMA CORINA FOLGAR HERMANDEZ
ASTRID DIOSIRIS LEMUS FOLGAR
ZOILA LISBETH LEMUS FOLGAR
NANCY CAROLINA LEMUS FOLGAR
JOSE OCTAVIO LEMUS FOLGAR
OLIVERIO LEMUS FOLGAR
Applicants
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
[1] This is an application for judicial review against a decision by the Immigration and Refugee Board which determined that the applicants were not Convention refugees within the meaning of section 2(1) of the Immigration Act.1
[2] The applicant claims to have decided to leave the country after his truck containing pamphlets to promote a demonstration scheduled for March 30, 1995 was intercepted. He says that following this incident, the army searched his business and questioned his wife. The applicant went into hiding until March 29, 1996, when he left the country because he was afraid of being killed by soldiers.
[3] The female applicant says that after her husband left, the restaurant was under surveillance during the months of May, June and July 1996.
[4] She also alleges that on August 1, 1996, her daughter, Zoila, was the victim of an attempted abduction by the individuals who had been keeping the restaurant under surveillance during those three months. Following this attack, she allegedly closed the restaurant, withdrew her children from school and left the city for another area where she had friends.
[5] The panel found that the applicants lacked credibility because of the implausibilities and contradictions in their testimony. It is well established in the case law of this Court that the panel is in a better position to evaluate the credibility of testimony.
[6] There were many contradictions in this file which fully justify the panel's decision.
[7] The application for judicial review is dismissed.
Danièle Tremblay-Lamer
JUDGE
MONTRÉAL, QUEBEC
August 19, 1999.
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19990819
Docket: IMM-6312-98
Between:
OLIVIERO LEMUS ALVAREZ
EMMA CORINA FOLGAR HERMANDEZ
ASTRID DIOSIRIS LEMUS FOLGAR
ZOILA LISBETH LEMUS FOLGAR
NANCY CAROLINA LEMUS FOLGAR
JOSE OCTAVIO LEMUS FOLGAR
OLIVERIO LEMUS FOLGAR
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: IMM-6312-98
STYLE OF CAUSE: OLIVIERO LEMUS ALVAREZ
EMMA CORINA FOLGAR HERMANDEZ
ASTRID DIOSIRIS LEMUS FOLGAR
ZOILA LISBETH LEMUS FOLGAR
NANCY CAROLINA LEMUS FOLGAR
JOSE OCTAVIO LEMUS FOLGAR
OLIVERIO LEMUS FOLGAR
Applicants
| AND |
| MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: August 18, 1999
REASONS FOR ORDER OF THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
DATED August 19, 1999
APPEARANCES:
Michel Lebrun for the applicants
Sherry Rafai Far for the respondents
Page: 2
SOLICITORS OF RECORD:
Michel Lebrun for the applicants
Montréal, Quebec
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec for the respondent
Date: 19990819
Docket: IMM-6312-98
MONTRÉAL, QUEBEC, THE 18th DAY OF AUGUST 1999
PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
BETWEEN:
OLIVIERO LEMUS ALVAREZ
EMMA CORINA FOLGAR HERMANDEZ
ASTRID DIOSIRIS LEMUS FOLGAR
ZOILA LISBETH LEMUS FOLGAR
NANCY CAROLINA LEMUS FOLGAR
JOSE OCTAVIO LEMUS FOLGAR
OLIVERIO LEMUS FOLGAR
Applicants
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Judicial review of a decision of the Immigration and Refugee Board in files M96-03689, M96-12818, M96-12820, M96-12821, M96-12823, M96-12824 and M96-12826.
[Section 82.1 of the Immigration Act]
O R D E R
The application for judicial review is dismissed.
Danièle Tremblay-Lamer
Judge
Certified true translation
M. Iveson
__________________