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Date: 19990910

Docket: IMM-69-99

Ottawa, Ontario, September 10, 1999.

Present:     Mr. Justice Denault

Between:

                                PARMINDER KAUR

                                                                     Applicant

                                    - and -

                    MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                    Respondent

                                     ORDER

      The application for judicial review is dismissed.

                                                PIERRE DENAULT                  

                                                Judge

Certified true translation

Peter Douglas


Date: 19990910

Docket: IMM-69-99

Between:

                                                           PARMINDER KAUR

                                                                                                                                          Applicant

                                                                        - and -

                             MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                      Respondent

                                                       REASONS FOR ORDER

DENAULT J.

1           The applicant, a citizen of India (Punjab), seeks judicial review of a negative decision of the Refugee Division.


2           In its decision, the Panel identified five parts of the evidence that led it to find the applicant not credible, owing to their implausibility or the applicant's vague and inconsistent testimony with respect thereto.

3           In his argument in support of the application for judicial review, counsel for the applicant referred to each of those points and tried to show that there was no inconsistency in his client's testimony or that any inconsistency noted was minor and did not warrant the refusal of her claim.

4           After reviewing all the evidence and reading each document-the applicant's testimony in particular-I can only find that the inconsistency and implausibility the Panel identified were sufficiently significant to justify its finding. In short, despite her counsel's commendable effort, I am of the opinion that the applicant did not show any error warranting this Court's intervention.

5           Thus, in view of the applicant's inconsistent evidence on her children's visits to members of her family, it was not unreasonable for the Panel to infer that she was not credible. Nor was it unreasonable to find that the applicant's testimony-on whether she was dealt with a gynecologist, nurse or female doctor on leaving the police station where she said she had been raped-was vague and inconsistent. Also, with respect to the applicant's claim that the police accused her of being associated with the All India Sikh Student Federation (AISSF), the Refugee Division did not believe her when she said that the police wanted her for sympathizing with Babar Khalsa members because there was nothing in the evidence to establish any connection between the applicant and Babar Khalsa members. Therefore, it was not unreasonable to find her not credible with respect to that allegation.


6           Counsel for the applicant pointed to the fact that the Panel gave no weight to a document that an AISSF representative purportedly asked the applicant to print. This document invited people to a protest march. According to counsel for the applicant, this document is significant in that it is what supposedly led the police to arrest the applicant's father and look for her. The Panel gave no weight to this document because the date on the translation was different from the original.

7           While it appears the document dated 1996 was probably the sample the AISSF representative wanted the applicant to print for the 1998 protest march, the applicant's testimony showed a great deal of confusion regarding this document. Thus, it is surprising that the applicant did not notice the discrepancy between the date on the original and the date on the translation before the hearing, given that she had produced the document herself. Her attempt to explain how '98 had been substituted for '96 was strange and nebulous, to say the least. In short, although the Panel's decision to give no weight to this document might seem harsh, in my view it is neither capricious nor unreasonable.

8           After reviewing all the evidence, I am of the opinion that in the case at bar, the Court's intervention is unwarranted and the application for judicial review must be dismissed. In the case at bar, there is no serious question of general importance to certify under subsection 83(1) of the Immigration Act.

                                                                                                PIERRE DENAULT                  

                                                                                                Judge

Ottawa, Ontario

September 10, 1999

Certified true translation

Peter Douglas


                                                 FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                                     IMM-69-99

STYLE OF CAUSE:               PARMINDER KAUR

                                                v.

                                                MCI

PLACE OF HEARING:        MONTRÉAL, QUEBEC

DATE OF HEARING:           SEPTEMBER 1, 1999

REASONS FOR ORDER OF THE HONOURABLE DENAULT J.

DATED                                   SEPTEMBER 10, 1999

APPEARANCES:

JEAN-FRANÇOIS BERTRAND                                                      FOR THE APPLICANT

SYLVIANE ROY                                                                               FOR THE RESPONDENT

SOLICITORS OF RECORD:

JEFFREY NADLER                                                                           FOR THE APPLICANT

SYLVIANE ROY

Morris Rosenberg                                                                             FOR THE RESPONDENT

Deputy Attorney General of Canada

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