Federal Court Decisions

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Date: 20021122

Docket: IMM-1425-02

Neutral citation: 2002 FCT 1216

BETWEEN:

                                                                    GUI LING DING

                                                                                                                                                       Applicant

                                                                              - and -

                                                  THE MINISTER OF CITIZENSHIP

                                                              AND IMMIGRATION

                                                                                                                                                   Respondent

                                                            REASONS FOR ORDER

LAYDEN-STEVENSON J.

[1]                 The applicant alleges that she fled her homeland China because of a fear of persecution arising from her activities as a Falun Gong practitioner. The Convention Refugee Determination Division of the Immigration and Refugee Board (CRDD), now the Refugee Protection Division (RPD), by decision dated March 7, 2002, determined that the applicant is not a Convention refugee. The applicant seeks judicial review of that decision.

[2]                 Despite the capable and articulate submissions of counsel for the applicant, I have not been persuaded that the CRDD erred in its determination. The panel found that the applicant was not credible and that there was no subjective basis for her claim.


[3]                 The applicant's counsel submits that the CRDD made various factual errors in its analysis. I agree that the finding regarding the payment of the fine to the police was questionable as was the relevance of the date of issue of the applicant's passport. However, the evidence, when considered in its totality, does not justify the Court's intervention.

[4]                 There is no doubt that the Chinese regime is oppressive and that practitioners of Falun Gong have been subjected to serious injustices. The difficulty confronting the applicant is that the CRDD determined that her story could not be believed. The primary basis for its concern was the applicant's delay in leaving China. The applicant remained in her home for four months after the incident allegedly giving rise to her fear. The panel rejected her explanation that the government could find her wherever she went and so informed the applicant. She then stated that she did not want to get her family members in trouble. The panel also rejected this explanation. The panel then noted a number of inconsistencies and implausibilities in the applicant's evidence before rejecting her explanation for the two-month delay in claiming refugee status after her arrival in Canada. The panel found the applicant's evidence to be evasive, exaggerated and indicative of fabrication rather than authenticity. The CRDD concluded that there was no subjective basis for the applicant's claim and that she was not credible.


[5]                 The standard of review with respect to the CRDD, a specialized tribunal, is patent unreasonableness, except with respect to statutory interpretation where the standard is correctness: Pushpanathan v. Canada, [1998] 1 S.C.R. 982. The CRDD has complete jurisdiction to determine the plausibility of testimony and as long as its inferences are not so unreasonable as to warrant the Court's intervention, the findings are not open to judicial review: Aguebor v. Canada (Minister of Employment and Immigration) (1993), 160 N.R. 315 (F.C.A.). The CRDD is not obliged to confront an applicant with its implausibility findings: Matarage v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 460; Sarker v.Canada (Minister of Citizenship and Immigration) (1998), 45 Imm. L.R. (2d) 209; Kahandani v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1769.

[6]                 The applicant, in essence, asks that the Court substitute its opinion for that of the CRDD. That is not the Court's function. There does not exist, on the totality of the evidence, any error that would justify the Court's intervention. The application for judicial review is dismissed.

[7]                 Counsel did not suggest a question for certification. This case raises no serious question of general importance. No question is certified.

  

(Sgd.) "Carolyn Layden-Stevenson"

J.F.C.C.

Vancouver, B.C.

November 22, 2002


                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

    

DOCKET:                                             IMM-1425-02

STYLE OF CAUSE:                           GUI LING DING v. MCI

                                                                                   

  

PLACE OF HEARING:                     Vancouver, B.C.

DATE OF HEARING:                       November 21, 2002

REASONS FOR ORDER:              LAYDEN-STEVENSON J.

DATED:                                                November 22, 2002

   

APPEARANCES:

Ms. Maureen Kirkpatrick                                                              For Applicant

Ms. Helen Park                                                                              For Respondent

  

SOLICITORS OF RECORD:

Larson Boulton Sohn Stockholder        For Applicant

Vancouver, B.C.

Morris Rosenberg                                                                           For Respondent

Deputy Attorney General of Canada

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