Date: 20000602
Docket: IMM-3884-99
Between:
SLIMANE HASSI BELAININE
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER, J.:
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division, dated July 15, 1999, in which it was determined that the applicant was not a Convention refugee and that his claim had no credible basis in accordance with subsection 69.1(9.l) of the Immigration Act[1] on the grounds of the applicant's complete lack of credibility.
[2] The panel based its decision on several contradictions in the applicant's testimony with respect to important elements in his claim, such as his identity, military background and alleged fear of persecution. The panel considered the applicant's explanations of the inconsistencies but did not deem them trustworthy.
[3] It is recognized in the case law that the assessment of the credibility of a refugee claimant is a question of fact that is part of the panel's expertise. The court will not intervene as long as the decision is not patently unreasonable or based on findings of fact that are manifestly in error,[2] which does not apply in the instant case.
[4] Counsel for the applicant claims that the personal documents provided by the applicant were ignored by the panel. I do not share that opinion. The panel considered them but did not give them any evidentiary weight given the applicant's lack of credibility and his inability to provide logical explanations of their authenticity or their content. Furthermore, some documents, such as his passports, the business register and the notice of discharge from the military, enabled the panel to question the applicant on the truthfulness of his account. Since these documents were not corroborated by any independent evidence, the panel rightly set them aside.
[5] As for the panel's conclusion that the claim had no credible basis, I am of the opinion that it is a reasonable inference since the applicant's account was not believed and, given that conclusion, the panel did not give any weight to the personal documents provided by the applicant. General documents about Algeria, without a direct relation to the applicant's story, are not what would provide some credibility to the claim.
[6] For these reasons, the application for judicial review is dismissed.
Danièle Tremblay-Lamer
JUDGE
MONTRÉAL, QUEBEC
June 2, 2000
Certified true translation
Monica F. Chamberlain
FEDERAL COURT TRIAL DIVISION
Date: 20000602
Docket: IMM-3884-99
BETWEEN
SLIMANE HASSI BELAININE
Applicant
- AND -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| |
| REASONS FOR JUDGMENT |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3884-99
STYLE OF CAUSE: SLIMANE HASSI BELAININE
Applicant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: MAY 31, 2000
REASONS FOR ORDER BY: TREMBLAY-LAMER, J.
DATED: JUNE 2, 2000
APPEARANCES:
Lucrèce M. Joseph for the Applicant
Patricia Deslauriers for the Respondent
SOLICITORS OF RECORD:
Lucrèce M. Joseph for the Applicant
Montréal, Quebec
Morris Rosenberg for the Respondent
Deputy Attorney General of Canada
Ottawa, Ontario
[1]R.S.C. 1985, c. I-2
[2] Gracielome v. MEI (1989), 9 Imm. L.R. (2d) 237 (F.C.A.); Aguebor v. MEI (1993), 160 N.R. 315 (F.C.A.).