Date: 19980227
Docket: IMM-1581-97
BETWEEN:
MARYACONCY AMBROS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
Friday, the 27th day of February, 1998 as edited)
ROTHSTEIN, J.:
[1] The applicant says that the panel of the Immigration and Refugee Board erred in finding the applicant not credible, ignored and misrepresented evidence and exhibited a reasonable apprehension of bias. I have not been convinced by counsel that the findings of the panel pertaining to credibility were not reasonably open to it. Counsel has suggested a number of alternative explanations for those found by the panel, but the conclusions reached by the panel are not unreasonable.
[2] I do not see that the panel ignored or misrepresented evidence given by the applicant. Again, counsel points out alternative interpretations of the evidence, but the panel's conclusions are not necessarily wrong.
[3] With respect to bias, the argument is that there were interruptions, hostility and aggressive questioning by the panel and by the RHO. It appears from a perusal of the transcript that there was some confusion in the applicant's evidence. A panel is entitled and well advised to ask questions to ensure that it is understanding, especially when confusing evidence is being given. Nothing has been pointed out by counsel that appears to be hostility or inappropriately aggressive questioning.
[4] I am not satisfied that the panel has committed any reviewable error in this case. The judicial review is dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
February 27, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-1581-97
| STYLE OF CAUSE: MARYACONCY AMBROS |
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: FEBRUARY 27, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROTHSTEIN, J.
DATED: FEBRUARY 27, 1998
APPEARANCES:
Mr. I. Francis Xavier
For the Applicant
Mr. John Loncar
For the Respondent
SOLICITORS OF RECORD:
Jackman & Associates
2nd Floor
196 Adelaide Street West
Toronto, Ontario
M5H 1W7
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980227
Docket: IMM-1581-97
BETWEEN:
MARYACONCY AMBROS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER