Date: 19990429
Docket: IMM-2155-98
Ottawa, Ontario, April 29, 1999
Before: Pinard J.
Between:
BONAVENTURE ANAGANA,
Applicant,
- and -
THE MINISTER,
Defendant.
ORDER
The application for judicial review from the decision on April 1, 1998 by the Convention Refugee Determination Division, determining that the applicant is not a Convention refugee, is dismissed.
| JUDGE |
Certified true translation
Bernard Olivier, LL. B.
Date: 19990429
Docket: IMM-2155-98
Between:
BONAVENTURE ANAGANA
Applicant,
- and -
THE MINISTER,
Defendant.
REASONS FOR ORDER
PINARD J.
[1] The application for judicial review is from a decision by the Convention Refugee Determination Division ("the Refugee Division") on April 1, 1998, determining that the applicant is not a Convention refugee.
[2] The members of the Refugee Division did not consider the applicant credible and gave reasons for their decision as follows:
| [TRANSLATION] |
| The plaintiff alleged that the newspaper L"Indépendant is still published and distributed openly at this date. We feel that it is actually the writer of the article in question that the authorities would have sought, not the graphics designer. |
| When we asked him about his present fear, he answered that he could no longer find work and not that he was afraid of being imprisoned, which would be logical since he said he was being sought. |
| The fact that he was able to leave Cameroon in broad daylight with his papers in order confirms us in our view that his testimony is not credible. |
[3] Although short and concise, the Refugee Division's decision contains three very specific points and seems to me to be sufficiently clear and complete to enable the applicant to fully understand why he was denied refugee status.
[4] The question here is essentially one of fact and the facts on which the decision is based are supported by the evidence. In the circumstances, I was not persuaded that the inferences drawn by the Refugee Division, which is a specialized tribunal, could not reasonably have been drawn (see Aguebor v. M.E.I. (1993), 160 N.R. 315 (F.C.A.)).
[5] Accordingly, the intervention of this Court is not justified and the application for judicial review is dismissed.
| YVON PINARD JUDGE |
OTTAWA, ONTARIO
April 29, 1999
Certified true translation
Bernard Olivier, LL. B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: IMM-2155-98 |
| STYLE OF CAUSE: BONAVENTURE ANAGANA v. THE MINISTER |
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: FEBRUARY 17, 1999
REASONS FOR ORDER BY: PINARD J.
DATED: APRIL 29, 1999
APPEARANCES:
| Marlène Dubuisson Balthazar for the applicant |
| Daniel Latulippe for the respondent |
SOLICITORS OF RECORD:
Marlène Dubuisson Balthazar for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada