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                                                                                                                                Date: 20040318

                                                                                                                         Docket: IMM-209-03

                                                                                                                     Citation: 2004 FC 392

BETWEEN:

                                                               ALI GONULCAN

                                                                                                                                          Applicant

                                                                        - and -

                                                THE MINISTER OF CITIZENSHIP

                                                            AND IMMIGRATION

                                                                                                                                     Respondent

                                                        REASONS FOR ORDER

PINARD J.:

[1]         This is an application for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board (the IRB), dated December 13, 2002, that the applicant is not a "Convention Refugee" or a "person in need of protection" within the meaning of sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act).

[2]         Ali Gönülcan (the applicant) is a citizen of Turkey and he alleges that he has a well-founded fear of persecution because of his Kurdish ethnicity and his Alevi religion.


[3]         This is a case where the IRB determined that the applicant is not a Convention refugee or a "person in need of protection" because he is not credible. This finding of a lack of credibility is based on contradictions and inconsistencies which are generally well confirmed by the evidence and which are significant. In this respect, notwithstanding an error that is not determinative by the IRB in designating the particular café to which the applicant returned, I believe, after hearing the parties' counsel and reviewing the record, that it was not patently unreasonable for this specialized tribunal to find as it did.

[4]         Such an applicant, rightly found to be not credible, at the very least, has not established the subjective fear and the need for personal protection required in order to be considered a Convention refugee or a "person in need of protection" within the meaning of sections 96 and 97, respectively, of the Act. In like circumstances, the IRB may find against a refugee claimant or a person in need of protection without having to consider his objective fear of persecution or the need to extend protection to individuals, other than himself, from his country of origin.

[5]         For these reasons, the application for judicial review is dismissed.

                         "Yvon Pinard"                       

       JUDGE

OTTAWA, ONTARIO

March 18, 2004

Certified true translation

Kelley A. Harvey, BA, BCL, LLB


                                                             FEDERAL COURT

                                                     SOLICITORS OF RECORD

DOCKET:                                                       IMM-209-03

STYLE OF CAUSE:                                      ALI GONULCAN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                  Montréal, Quebec

DATE OF HEARING:                                    February 10, 2004

REASONS FOR ORDER BY:                      Pinard J.

DATE OF REASONS:                                  March 18, 2004

APPEARANCES:

Michel Le Brun                                               FOR THE APPLICANT

Michel Pépin                                                   FOR THE RESPONDENT

SOLICITORS OF RECORD:

Michel Le Brun                                               FOR THE APPLICANT

Montréal, Quebec

Morris Rosenberg                                          FOR THE RESPONDENT

Deputy Attorney General of Canada

Montréal, Quebec

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