Date: 19991026
Docket: IMM-160-99
BETWEEN:
MICHAEL ODOI
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an application for judicial review of a decision dated December 18, 1998 by the Convention Refugee Determination Division, which determined that the applicant was not a refugee.
[2] The decision in this case is well documented and the Refugee Division assessed both the applicant"s testimony and the documentary evidence.
[3] The applicant had to prove he had a well-founded fear of persecution and that there was a reasonable chance that he would be persecuted if he were to return to his country of origin.
[4] The applicant did not persuade me that the panel erred and
that the applicant had a well-founded fear of persecution if he were to return to his country of origin.
[5] The evidence indicates that in 1995, the applicant took part in a demonstration of between 50,000 and 100,000 people against the application of a new value added tax.
[6] An individual, who supposedly worked at the presidential palace, allegedly ran into the applicant as the applicant was on his way to the demonstration. This person advised the applicant not to attend. Subsequently, the individual in question went to the applicant"s residence in his absence to look for him and possibly to assault him.
[7] The applicant quickly left the country and has not returned since then.
[8] Under these circumstances, the panel considered that it was not plausible that the authorities would be interested in looking for the applicant after three years, considering the fact that he was no longer involved in politics in his country and that he had only taken part in the demonstration mentioned above.
[9] It was not unreasonable for the Convention Refugee Determination Division to conclude that the applicant failed to prove that there was a reasonable chance he would be persecuted if he were to return to his country of origin.
[10] For these reasons, the application for judicial review is dismissed.
[11] Neither counsel submitted a serious question to be certified.
Pierre Blais
Judge
OTTAWA, ONTARIO
October 26, 1999
Certified true translation
Margaret Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-160-99
STYLE OF CAUSE: MICHAEL ODOI
v.
MCI
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: OCTOBER 14, 1999
REASONS FOR ORDER AND ORDER OF BLAIS J.
DATED: OCTOBER 26, 1999
APPEARANCES:
MARIO BLANCHARD FOR THE APPLICANT
NORMAND LEMYRE FOR THE RESPONDENT
SOLICITORS OF RECORD:
STEWART ISTVANFFY FOR THE APPLICANT
SEBASTIEN DASYLVA FOR THE RESPONDENT
Morris Rosenberg
Deputy Attorney General of Canada