Date: 19980603
Docket: IMM-1651-97
BETWEEN:
PUVANESWARAN SINNATHURAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
HEALD, D.J.
[1] This is an application for Judicial Review of the decision of the Convention Refugee Division of the Immigration and Refugee Board dated March 24, 1997, wherein the Board determined that the applicant herein is not a Convention refugee.
The facts
[2] The applicant is a 27 year old male, born in the Jaffna region of Sri Lanka. He claims persecution in the Jaffna region by the Liberation Tigers of Tamil Elam (LTTE). He lived and worked in that region for most of his life. He said that he had difficulties especially with Upali, an LTTE leader. He alleges persecution in the form of forced labour, detention and physical abuse. He also claims persecution by the Colombo police in the form of detention and physical abuse.
The Decision of the Board
[3] The Board concluded that the applicant's evidence was not credible. The basis for this conclusion was inconsistencies between the applicant's oral evidence and the information set out in his Personal Information Form. In the Board's view, these inconsistencies related to the alleged persecution in both Jaffna and Colombo. These inconsistencies and inaccuracies may be detailed as follows:
(a) The applicant's Personal Information Form (PIF) stated that he was a security guard until 1988. In his oral evidence, he said that he was a security guard only until 1982.
(b) In his PIF, the applicant claimed to have had an electrical shop from December 1988 until June 1990. In his testimony he deposed that he had such a shop for only about seven months in 1990.
(c) In his PIF, he said that the LTTE forced him to unload goods in December of 1994, whereas, in his testimony, he stated that this had occurred in June of 1994;
(d) According to his PIF, the applicant was detained for eight days in December of 1994. However, in his testimony, he said he was detained for eight days in February of 1994, but was further detained for two months in December of 1994.
(e) The applicant testified that the police detained him for 2 days in Colombo commencing on January 29, 1996. Later he said this detention lasted for four days.
Analysis
[4] The Board concluded that there was inadequate credible evidence to support a finding that the applicant was a Convention refugee. In my view the Board had ample reason, on this record, for making adverse findings of credibility with respect to the applicant's evidence. This is a case where the Board chose to believe the documentary evidence over the applicant's sworn testimony. Such an approach is acceptable where, as here the Board clearly indicated why it preferred the documentary evidence over the applicant's viva voce evidence.1
Conclusion
[5] Accordingly, and for the reasons set forth supra, the within application for judicial review is dismissed.
Certification
[6] Neither counsel requested that a serious question of general importance be certified pursuant to Section 83 of the Immigration Act. I agree. No question will be certified.
"Darrel V. Heald"
D.J.
Toronto, Ontario
June 3, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1651-97
| STYLE OF CAUSE: PUVANESWARAN SINNATHURAI |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JUNE 3, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: HEALD, D.J.
DATED: JUNE 3, 1998
APPEARANCES:
Ms. Maureen Silcoff
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD:
Lewis & Associates
175 Harbord Street
Toronto, Ontario
M5S 1H3
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980603
Docket: IMM-1651-97
Between:
| PUVANESWARAN SINNATHURAI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
__________________
1 Compare Aligolian v. MCI , April 22, 1997 - IMM-3684-96 See also Ghavim v. MCI, July 8, 1997 - IMM-3370-96 See also Ojo v. MCI, July 23, 1997 - IMM-2441-96