IMM-2195-96
B E T W E E N:
EDGARDO HORACIO CORDOBA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
RICHARD, J.:
The applicant seeks to set aside the decision of the Immigration and Refugee Board (the "Board") dated May 24, 1996, wherein the Board determined that the applicant was not a Convention refugee.
The Board based its decision on a change in country conditions and on the availability of an IFA.
On the issue of changed circumstances, it relied on the decision of the Federal Court of Appeal in Yusuf v. Minister of Employment and Immigration (1995), 179 N.R. 11 at page 12, where it was stated that:
| A change in the political situation in a claimant's country of origin is only relevant if it may help in determining whether or not there is, at the date of the hearing, a reasonable and objectively foreseeable possibility that the claimant will be persecuted in the event of return there. |
Counsel for the applicant submitted that the Board had not made a sufficiently detailed analysis of the country conditions. However, the Board concluded on the basis of documentary evidence at the time of the hearing, that the evidence did not support the applicant's subjective fear of persecution based upon his affiliation with a political party. It concluded that "... the evidence does not show that being affiliated with the UCR in Argentina today implies that citizens of Argentina have good grounds to fear persecution for Convention reasons, ..." This finding was reasonably open to the Board based upon all the evidence before it.
The Board further reached the conclusion that he had an IFA in any of the identified provinces where the UCR has Governorships. It found that there was no serious possibility of the applicant being persecuted for a Convention reason in those provinces and no evidence that it would be objectively unreasonable in all the circumstances for the claimant to relocate to any one of those provinces.
The Board's finding is a factual determination based on all of the evidence. It is not patently unreasonable within the meaning of s. 18.1(4)(d) of the Federal Court Act.
Accordingly, the application for judicial review is dismissed.
"John D. Richard"
Judge
Toronto, Ontario
April 29, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2195-96
STYLE OF CAUSE: EDGARDO HORACIO CORDOBA
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: APRIL 29, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: RICHARD, J.
DATED: APRIL 29, 1997
APPEARANCES:
Mr. John M. Guoba
For the Applicant
Mr. Jeremiah Eastman
For the Respondent
SOLICITORS OF RECORD:
JOHN M. GUOBA
Barrister & Solicitor
1 St. Clair Avenue East
Suite 802
Toronto, Ontario
M4T 2V7
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2195-96
Between:
EDGARDO HORACIO CORDOBA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER