IMM-2707-96
OTTAWA, ONTARIO, THIS 4th day of June 1997
PRESENT: THE HONOURABLE MR. JUSTICE PINARD
BETWEEN
MAURICIO ALEXIS ALLIENDES CERIANI,
Applicant,
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
O R D E R
The application for judicial review of the decision of the Refugee Division dated July 17, 1996, determining that the applicant is not a Convention refugee, is dismissed.
Judge
Certified true translation
C. Delon, LL.L.
IMM-2707-96
BETWEEN
MAURICIO ALEXIS ALLIENDES CERIANI,
Applicant,
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
PINARD J.
This is an application for judicial review of a decision of the Refugee Division dated July 17, 1996, determining that the applicant is not a Convention refugee as defined in subsection 2(1) of the Immigration Act. The tribunal preferred the documentary evidence indicating that [translation] "fundamental and lasting changes have occurred in Chile since 1989" to the testimony of the applicant and his brother. The tribunal based its decision on documentary evidence indicating that the social and political situation has been normalized in Chile, to the point that the U.N. High Commission for Refugees and the Office français de protection des réfugiés et apatrides no longer recognize Chilean refugees. In this context, the tribunal found that the account given by the applicant and his brother in their PIFs and during the hearing of persecution by the state police, military personnel and the DINA was implausible. The tribunal explained, at page 2:
[translation]
| The tribunal cannot believe the claimants' account because of the documentation as a whole, and particularly Exhibits A-11 [United Nations H.C.R.: Application of the exclusion clause (April 22, 1994)], A-12 [United Nations Commission on Human Rights: Visit by the Special Rapporteur to Chile], A-14 [Response CHL 23039.F (state police)], A-22 [Response CHL 22923.E (state police, military and citizen's remedies)], A-27 [bundle of press reviews] and A-29 [bundle of newspaper articles on Chile], which indicate that fundamental and lasting changes have occurred in Chile since 1989: two democratic presidential elections have been held since then; in 1989, Patricio Aylwin Azocar was elected and in December 1993, Eduardo Frei was in turn elected to preside over the country's destiny. |
This application was heard at the same time as the application for judicial review in file no. IMM-2485-96, in which the main question in issue, which is the same, was disposed of by the undersigned. Having regard to the evidence in the record, it therefore seems to me that this application should also be dismissed, for the same reasons as those stated in support of my decision in that other case.1
As well, like counsel for the parties, I do not believe that there is any question here to be certified.
OTTAWA, Ontario
June 4, 1997
YVON PINARD
Judge
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: IMM-2707-96
STYLE OF CAUSE: MAURICIO ALEXIS ALLIENDES CERIANI
v. MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: MONTRÉAL
DATE OF HEARING: MAY 21, 1997
REASONS FOR ORDER OF PINARD J.
DATED: JUNE 4, 1997
APPEARANCES:
ALAIN JOFFE FOR THE APPLICANT
MARIE-CLAUDE DEMERS FOR THE RESPONDENT
SOLICITORS OF RECORD:
NADLER, JOFFE FOR THE APPLICANT
MONTRÉAL
GEORGE THOMSON FOR THE RESPONDENT
DEPUTY ATTORNEY GENERAL OF CANADA
__________________
1 A copy of the reasons in support of the decision in IMM-2485-96 is appended to these reasons.