Date: 19990812
Docket: IMM-4456-98
Ottawa, Ontario, August 12, 1999
Before: Pinard J.
Between:
Mohamed Nabil STAMBOULI,
Plaintiff,
- and -
THE MINISTER,
Defendant.
ORDER
The application for judicial review of the decision by the Refugee Division on June 25, 1998 that the plaintiff Mohamed Nabil Stambouli is not a Convention refugee is dismissed.
| YVON PINARD JUDGE |
Certified true translation
Bernard Olivier, LL. B.
Date: 19990812
Docket: IMM-4456-98
Between:
Mohamed Nabil STAMBOULI,
Plaintiff,
- and -
THE MINISTER,
Defendant.
REASONS FOR ORDER
PINARD J.
[1] The application for judicial review is from a decision by the Refugee Board on June 25, 1998 that the plaintiff Mohamed Nabil Stambouli is not a Convention refugee as defined in s. 2(1) of the Immigration Act.
[2] The Refugee Division dismissed the plaintiff's claim as it found that his story was an entire fabrication and that he had not resided in Algeria between 1991 and his arrival in Canada in October 1996.
[3] As we know, where the assessment of facts and credibility are concerned it is not for this Court to take the place of the Refugee Division when the refugee status claimant fails to prove that the panel made a decision based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material available.
[4] In the instant case I find, after hearing counsel for the parties and reviewing the evidence, that the decision of this specialized panel whose members had the advantage of seeing and hearing the plaintiff provided ample basis to support its conclusion.
[5] The objection made by the plaintiff that the panel did not consider the copy of the ENEL work certificate which he submitted to it on or about July 3, 1998, some five weeks after the hearing of his case, is without foundation in view of the panel's letter to the plaintiff on June 4, 1998 and in light of the fact that, in the absence of an application to reopen the hearing, the panel had no jurisdiction to consider the document after its earlier decision of June 25, 1998 (see Tambwe-Lubemba v. Canada (M.C.I.) (April 15, 1999), IMM-1979-98 F.C.T.D.).
[6] The application for judicial review is accordingly dismissed.
| YVON PINARD JUDGE |
OTTAWA, ONTARIO
August 12, 1999
Certified true translation
Bernard Olivier, LL. B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: IMM-4456-98 |
| STYLE OF CAUSE: MOHAMED NABIL STAMBOULI v. M |
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: JUNE 23, 1999
REASONS FOR ORDER BY: PINARD J.
DATED: AUGUST 12, 1999
APPEARANCES:
| NOËL SAINT-PIERRE FOR THE APPLICANT |
| JOSÉE PAQUIN FOR THE RESPONDENT |
SOLICITORS OF RECORD:
DANIELLE TANGUAY FOR THE APPLICANT
JOSÉE PAQUIN FOR THE RESPONDENT
Morris Rosenberg
Deputy Attorney General of Canada