Federal Court Decisions

Decision Information

Decision Content

Date: 20001023

Docket: IMM-163-00

Ottawa, Ontario, the 23rd day of October 2000

PRESENT:      THE ASSOCIATE CHIEF JUSTICE

BETWEEN:   

ZELIHA YANAR

Applicant

And

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ORDER

CONSIDERING the application for judicial review of the decision of the Convention Refugee Determination Division dated December 9, 1999;

CONSIDERING the parties' submissions and the hearing held October 17, 2000, in Montréal;

IT IS ORDERED T"HAT:

The application for judicial review is dismissed.

             « Allan Lutfy »         

                 A.C.J.

Certified true translation


Monica F. Chamberlain


Date: 20001023

Docket: IMM-163-00

BETWEEN:

ZELIHA YANAR

Applicant

And

MINISTER OF CITIZENSHIP AND IMMIGRATION

    Respondent

REASONS FOR ORDER

LUTFY A.C.J.

[1]         This is an application for judicial review of a decision of the Convention Refugee Determination Division (the "CRDD") in which it was determined that the applicant, a citizen of Turkey, is not a Convention refugee. The applicant claimed to have a well-founded fear of persecution for reasons of religion, her Kurdish ethnic group, and membership in a particular social group, namely her family. The Board did not find the facts in support of the applicant's claim credible.


[2]         The applicant and her husband, parents of seven children, were separated several years ago. Her husband was granted refugee status in 1987 and now lives in Canada. One of their sons, also a Convention refugee, resides in Canada. Their six other children also live in Canada after having been sponsored by their father.

[3]         The Board determined that the applicant's "primary reason" for leaving her country was to be reunited with her children in Canada. To support its finding, t he CRDD could have relied on admissions made by the applicant in both her Personal Information Form and her oral testimony.

[4]         According to the applicant, she was interrogated by members of the police force regarding one of her sons living in Canada and one of her nephews who was accused of spreading Kurdish propaganda at a university in Turkey. These interrogations were repeated over a three-year period. The CRDD found that the applicant was not credible in that regard.


[5]         After having taken cognizance of the hearing transcript, the Personal Information Form and certain excerpts of the documentary evidence, I am of the view that the intervention of this Court was not warranted since the applicant failed to prove an error in the Board's findings. The Board could reasonably base its determination regarding the applicant's credibility on the improbability of her narrative, without considering her desire to be reunited with her children in Canada. At the very most, the latter element would be relevant in determining whether humanitarian and compassionate grounds exist, which would allow the applicant to emigrate to Canada. However, this matter was not at issue in the present case.

[6]         As a result, the application for judicial review is dismissed. There are no serious

questions to be certified in this instance.

             « Allan Lutfy »         

                 A.C.J.

Ottawa, Ontario

October 23, 2000

Certified true translation

Monica F. Chamberlain


FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                IMM-163-00

STYLE OF CAUSE:                 ZELIHA YANAR v. MINISTER OF CITIZENSHIP AND

IMMIGRATION

PLACE OF HEARING:            MONTRÉAL, QUEBEC

DATE OF HEARING:              OCTOBER 17, 2000

REASONS FOR ORDER OF THE ASSOCIATE CHIEF JUSTICE LUTFY

DATED:                                    OCTOBER 23, 2000

APPEARANCES:

LUC DESMARAIS                                                                  FOR THE APPLICANT

THI MY DUNG TRAN                                                            FOR THE RESPONDENT

SOLICITORS OF RECORD:

LUC DESMARAIS                                                                  FOR THE APPLICANT

Morris Rosenberg                                                                      FOR THE RESPONDENT

Deputy Attorney General

of Canada

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.