Date: 19980402
Docket: IMM-2196-97
BETWEEN:
MAI HUONG NGUYEN
GIAO LIN NGUYEN
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.:
[1] In rejecting her convention refugee application, the panel of the Immigration and Refugee Board found that the applicant had no subjective fear of persecution and that she was not credible. The applicant says she left Vietnam in 1989 for the Soviet Union. She says she stayed there until 1995 when she left, went to several countries and eventually came to Canada in April of 1995. She made no refugee claim in Russia or in the other countries that she passed through but did make a refugee claim when she came to Canada. The panel found that she had no subjective fear of persecution in Vietnam having regard to her long delay in making a refugee claim. It also found that she was not credible. I am not satisfied that the panel made any error in its findings. While the applicant had explanations relating to why she did not have any documents pertaining to her six year stay in Russia, and why she did not make a refugee claim until she came to Canada, the panel rejected those explanations. It was open to the panel to do so. I can see no error by the panel. The judicial review is dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
April 2, 1998
FEDERAL COURT OF CANADA
Date: 19980402
Docket: IMM-2196-97
BETWEEN:
MAI HUONG NGUYEN
GIAO LIN NGUYEN
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2196-97
| STYLE OF CAUSE: MAI HUONG NGUYEN |
| GIAO LIN NGUYEN |
-and-
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
DATE OF HEARING: APRIL 2, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: APRIL 2, 1998
APPEARANCES: Mr. Lloyd Duong
For the Applicants
Ms. Susan Nucci
For the Respondent
SOLICITORS OF RECORD: Mr. Lloyd Duong
Attorneys Atrium
2377 Dundas Street West
Toronto, Ontario
M6P 1X2
For the Applicants
George Thomson
Deputy Attorney General
of Canada
For the Respondent