Date: 19990309
Docket: IMM-1100-98
BETWEEN:
TAHIRA NASREEN
- and -
HINA FATIMA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON J.:
[1] The applicants, mother and daughter, are citizens of Pakistan. By their judicial review application they seek to set aside a decision of the Refugee Board dated February 9, 1998 pursuant to which the Board dismissed their claims for refugee status in Canada.
[2] The Board"s decision rests on its finding that a number of aspects of the mother"s story are not credible. In my view, notwithstanding Mr. Lehrer"s forceful arguments, the Board"s credibility findings are unassailable.
[3] The Board also refused to give any weight to a medical report and a psychological report. The Board deals with these reports as follows at pages 6 and 7 of its reasons:
| The panel has considered the medical report. Dr. del Junco finds that the claimant"s scars are consistent with her account as to how she suffered them outlined in her PIF. The panel finds, however, that this is not evidence that she was physically abused by her husband as alleged. The panel notes that she never went to a hospital or clinic while in Pakistan but was allegedly treated for her injuries at home by her daughters. |
| The panel has also considered the psychological report. Dr. Pilowsky states that the claimant was most likely suffering from full blown Postraumatic Stress Disorder while living in Pakistan. Her symptoms have alleviated considerably since her arrival in Canada. While the panel does not dispute Dr. Pilowsky"s psychological finding, we do not accept that the claimant was abused by her husband as alleged and fears for her life. The panel notes that the claimant"s 14-year-old son died in Marcy 1994, which had a tragic effect on her. |
[4] Counsel for the respondent argued that the weight to be given to these reports depends on their relevancy and general consistency with the whole of the evidence. As a result of the credibility findings made by the Board, counsel submits that the Board was entitled, in the circumstances, to give the reports little or no weight. I agree.
[5] Finally, the Board held that the applicant"s failure to make her refugee claim as soon as possible "points to a lack of subjective fear. It also impeaches her credibility." In my view, this finding cannot be qualified as unreasonable.
[6] For these reasons, the application for judicial review is denied. As the respondent did not ask for costs, there will be no order as to costs.
"Marc Nadon"
J.F.C.C.
TORONTO, ONTARIO
March 9, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1100-98
| STYLE OF CAUSE: TAHIRA NASREEN and |
HINA FATIMA
and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, MARCH 9, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR ORDER BY: NADON J. |
DATED: TUESDAY, MARCH 9, 1999
APPEARANCES: Mr. Mark Lehrer
For the Applicants
Ms. Marissa Bielski
For the Respondent
SOLICITORS OF RECORD: Vandervennen Lehrer
Barristers & Solicitors
45 St. Nicholas St.,
Toronto, Ontario
M4Y 1W6
For the Applicants
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990309
Docket: IMM-1100-98
Between:
| TAHIRA NASREEN and |
HINA FATIMA
| Applicants |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER