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                                                                                                                                   Date: 20010124

                                                                                                                          Docket: IMM-788-00

Ottawa, Ontario, the 24th day of January, 2001

Present: The Honourable Mr. Justice Pinard

Between:

COSKUN IBIS

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

ORDER

The application for judicial review of the decision rendered on January 7, 2000 by the Refugee Division, ruling that the applicant is not a Convention refugee, is dismissed.

                                   J.

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


Date: 20010124

                                      Docket: IMM-788-00

Between:

COSKUN IBIS

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER

PINARD J.:

[1]         This is an application for judicial review of a decision rendered on January 7, 2000 by the Refugee Division of the Immigration and Refugee Board, ruling that the applicant is not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2.

[2]         The applicant, aged 27, is a citizen of Turkey. He alleges he was persecuted in his country because of his membership in the Kurdish group and his Alevi religion.

[3]         The panel rejected the application owing to the applicant's lack of credibility as a result of improbabilities in his testimony.


[4]         Having reviewed the evidence, I must acknowledge that in some cases the Refugee Division saw improbabilities where they did not really exist. I refer in particular to the applicant's role aboard the boat on which he fled and his desire to be informed of the arrival of the boat in the United States. However, these errors are not decisive, in view of the other inconsistencies and contradictions that were rightly noted, particularly and primarily the applicant's failure to claim refugee status before arriving in Canada, one of the many countries through which he passed over a period of more than five months. On this latter point, the panel states:

[Translation] Apart from the delay between the claimant's departure from Turkey and the time when he claimed refugee status, the important thing to note here is in fact that he fled his country because he feared for his life, that he traversed some countries that are signatories of an international Convention for the protection of refugees, but without claiming refugee status in those countries without valid reason.

[5]         The delay in claiming, while it is not decisive in itself, constitutes an important factor to be considered in an application for refugee status (see, for example, Lameen v. Canada (Secretary of State) (June 7, 1994), A-1626-92). In the particular circumstances of this case, given the delay of more than five months and the numerous countries through which the applicant travelled during this period, I am of the opinion that the failure to claim before arriving in Canada did indeed allow the panel to reasonably conclude that the applicant did not really have the requisite subjective fear of persecution.


[6]         For all these reasons, the intervention of this Court is not warranted, and the application for judicial review is dismissed.

                                   J.

OTTAWA, ONTARIO

January 24, 2001

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET NO:                         IMM-788-00

STYLE:                                     COSKUN IBIS v. MCI

PLACE OF HEARING:            MONTRÉAL, QUEBEC

DATE OF HEARING: NOV. 29, 2000

REASONS FOR ORDER OF PINARD J.

DATED:                                   JAN. 24, 2001

APPEARANCES:

LENYA KALEPDJIAN

FOR THE APPLICANT

SYLVIANE ROY

FOR THE RESPONDENT

SOLICITORS OF RECORD:

LENYA KALEPDJIAN

Montréal, Quebec                                                         FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada                               FOR THE RESPONDENT

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