Date: 20000809
Docket: IMM-4344-99
MONTRÉAL, QUEBEC, AUGUST 9, 2000
| BEFORE: NADON J. |
BETWEEN:
ANIS ZGAIB
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
Application for judicial review of a decision by the IRB on July 29, 1999 by Board members Gaétan Cousineau and Jacques Lapommeray in case M98-09121.
[Section 82.1 of Immigration Act]
O R D E R
The application for judicial review is dismissed.
| Marc Nadon Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20000809
Docket: IMM-4344-99
BETWEEN:
ANIS ZGAIB
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
REASONS FOR ORDER
NADON J.
[1] The plaintiff is asking the Court to quash a decision by the Refugee Division on July 29, 1999. In its decision the Refugee Division concluded that the plaintiff was not a Convention refugee.
[2] The plaintiff, born on February 18, 1968, is a citizen of Syria. He alleged that he had a valid fear of persecution for his political opinions and religious beliefs. The plaintiff, whose mother is Lebanese and his father Syrian, is of the Greek Orthodox religion.
[3] After leaving his country on October 13, 1998 to attend a wedding in Detroit, he arrived in Montréal on November 8, 1998 and claimed refugee status. At page 3 of its decision the Refugee Division said the following:
| [TRANSLATION] |
| A review of all the evidence leads us to conclude that the claimant, who said he feared persecution for his political opinions and religious beliefs, has not discharged the burden of proof upon him to establish a "reasonable possibility" of persecution if he returns to Syria. |
| In general, the claimant tried to answer all the questions put to him. However, the tribunal noted certain contradictions and improbabilities which seriously weakened the claimant's credibility. |
[4] In the defendant's submission, the Refugee Division gave clear examples based on the evidence as a whole to illustrate the questions about the credibility of the plaintiff's claim. I agree. In my view, the examples given by the Refugee Division in support of its conclusion disclosed contradictions and improbabilities that could only weaken the plaintiff's credibility.
[5] For example, I consider based on the evidence that the Refugee Division could reasonably conclude that the pressure allegedly placed on the plaintiff by the Baath party to become a member of the party was improbable. Another conclusion of improbability reached by the Refugee Division seems reasonable, namely that the plaintiff was persecuted for his religion by the Baath party which recruited him to join the party's ranks and for which he worked as a dentist in the Mockhabarats office.
[6] These two examples, as I indicated earlier, are taken from the evidence in the record and the conclusion of improbability arrived at by the Refugee Division is in my opinion unimpeachable.
[7] As to the other examples of contradictions and improbabilities given by the Refugee Division, which are also challenged by the plaintiff, he did not persuade the Court that the Refugee Division committed any error in reaching the conclusion that it did.
[8] Since I feel that the Refugee Division's conclusion regarding the plaintiff's credibility did not result from any error of fact or law, I can only conclude that this application for judicial review should be dismissed.
| Marc Nadon Judge |
| MONTRÉAL, QUEBEC |
August 9, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
| FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20000809 Docket: IMM-4344-99 BETWEEN: ANIS ZGAIB Plaintiff - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE: IMM-4344-99 |
| STYLE OF CAUSE: ANIS ZGAIB |
Plaintiff
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Defendant
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: August 8, 2000 |
| REASONS FOR ORDER BY: NADON J. |
| DATED: August 9, 2000 |
APPEARANCES:
| Eveline Fiset for the plaintiff |
| Patricia Deslaurier for the defendant |
SOLICITORS OF RECORD:
| Eveline Fiset for the plaintiff |
Montréal, Quebec
| Morris Rosenberg for the defendant |
Deputy Attorney General of Canada
Montréal, Quebec