Federal Court Decisions

Date: 20020711

Docket: IMM-5195-01

Neutral citation: 2002 FCT 783

Vancouver, British Columbia, Thursday, July 11, 2002

Present: The Honourable Madam Justice Danièle Tremblay-Lamer

BETWEEN:

                             ILHAN DEMIRCIVI

                              SENAY AYDENIZ

                                                               Applicants

                                 - and -

             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                               Respondent

                      REASONS FOR ORDER AND ORDER

[1]                 This is an application for judicial review of a decision of the Convention Refugee Determination Division (the Board) wherein the applicants were found not to be Convention refugees.

[2]                 The Board found that the applicants failed to provide sufficient, credible, and trustworthy evidence to establish their claims.

  

[3]                 The applicants have failed to demonstrate that the Board misconstrued or ignored the evidence, or made findings of fact that were manifestly in error.

[4]                 The Board provided clear reasons why the applicants' allegations were not plausible and why the applicants were not credible and reliable.

[5]                 I find that the Board was very meticulous in supporting its conclusions with the documentary evidence before it and gave reasons for why it preferred relevant documentary evidence when it did. That the Board decided to give more weight to the documentary evidence than to the applicants' evidence was entirely within its discretion.

[6]                 Having found that the Board's adverse credibility findings should stand, it is unnecessary for me to look at the Board's findings with respect to the claims against the second country of reference, Bulgaria.

                                                                            ORDER

The application for judicial review is dismissed.

     

                                                                                                                 (Sgd.) "Danièle Tremblay-Lamer"

J.F.C.C.