Date: 19990312
Docket: IMM-1293-98
BETWEEN:
VICTOR MANUEL TRASVINA RAMIREZ
ALMA DELIA PINA RODRIGUEZ
EUNICE JOSELIN PINA RODRIGUEZ
SAMUEL TRASVINA PINA
BIBIANA TRASVINA-RAMIREZ
VICTOR TRASVINA SUBIA
BERNARDINA RAMIREZ DE TRASVINA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
NADON J.
[1] The Refugee Board dismissed the applicants" claims to refugee status in Canada. By its decision dated February 18, 1998 the Board concluded, inter alia, that the principal applicant"s story, in a number of respects, was not credible. As I indicated to counsel during the hearing, the Board"s findings on credibility are not, on the record, unreasonable.
[2] The Board also found that the principal applicant"s failure to claim refugee status in the United States, while in the that country, in April and May 1995 and his subsequent return to Mexico were inconsistent with a well-founded fear of persecution.
[3] Counsel for the applicants argued that the principal applicant gave a reasonable explanation as to why he had not claimed refugee status in the United States. Even if I were to accept this argument, the principal applicant did not explain why he returned to Mexico where he feared persecution. In my view, the Board made no error in concluding as it did.
[4] As the Board"s findings on credibility were sufficient to dispose of the matter, I need not address the applicants" other grounds of attack.
[5] For these reasons, the judicial review application is denied.
"Marc Nadon"
J.F.C.C.
TORONTO, ONTARIO
March 12, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1293-98
| STYLE OF CAUSE: VICTOR MANUEL TRASVINA RAMIREZ ALMA DELIA PINA RODRIGUEZ |
EUNICE JOSELIN PINA RODRIGUEZ
SAMUEL TRASVINA PINA
BIBIANA TRASVINA-RAMIREZ
VICTOR TRASVINA SUBIA
BERNARDINA RAMIREZ DE TRASVINA
and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: THURSDAY, MARCH 11, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER AND ORDER BY: NADON J.
DATED: FRIDAY, MARCH 12, 1999
| APPEARANCES: Mr. John Somjen |
For the Applicant
Ms. Susan Nucci
For the Respondent
SOLICITORS OF RECORD: Somjen & Peterson
Barristers & Solicitors
810-1240 Bay St.,
Toronto, Ontario
M5R 2A7
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990312
Docket: IMM-1293-98
Between:
| VICTOR MANUEL TRASVINA RAMIREZ ALMA DELIA PINA RODRIGUEZ |
EUNICE JOSELIN PINA RODRIGUEZ
SAMUEL TRASVINA PINA
BIBIANA TRASVINA-RAMIREZ
VICTOR TRASVINA SUBIA
BERNARDINA RAMIREZ DE TRASVINA
| Applicant |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER AND ORDER