Date: 20001211
Docket: IMM-702-00
BETWEEN:
LUIS MARIO TOVAR SANCHEZ
XIMENA MARULANDA MARTINEZ
MARIA CLAUDIA LEMA PERLAZA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
DAWSON J.
[1] Ximena Marulanda Martinez, the remaining applicant ("applicant") challenges findings of implausibility made by the Convention Refugee Determination Division of the Immigration and Refugee Board ("CRDD"). Those findings led to the decision of the CRDD dated January 6, 2000, that the applicant's claim was neither credible nor trustworthy and that the applicant was not a Convention refugee. The sole issue raised before the Court at the hearing was the reasonableness of the findings of implausibility.
[2] It is settled law that the CRDD has complete jurisdiction to determine the plausibility of testimony. So long as the inferences drawn by the CRDD are not so unreasonable as to warrant intervention, findings of the CRDD are not to be set aside by this Court.
[3] While the CRDD must be alert not to impose Canadian paradigms without regard to the socio-political context before it, I have not been satisfied that the inferences drawn by the CRDD in the present case are so unreasonable as to warrant intervention.
[4] The application for judicial review is, in consequence, dismissed.
[5] Counsel did not pose any question for certification.
JUDGMENT
[6] The application for judicial review is dismissed.
"Eleanor R. Dawson"
Judge
Ottawa, Ontario
December 11, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-702-00 |
| STYLE OF CAUSE: LUIS MARIO TOVAR SANCHEZ |
| XIMENA MARULANDA MARTINEZ |
| MARIA CLAUDIA LEMA PERLAZA |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: THURSDAY, NOVEMBER 16, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR JUDGMENT
| AND JUDGMENT BY: DAWSON J. |
| DATED: MONDAY, DECEMBER 11, 2000 |
| APPEARANCES BY: Mr. Ron Poulton |
| For the Applicants |
| Ms. Neeta Logsetty |
| For the Respondent |
| SOLICITORS OF RECORD: JACKMAN, WALDMAN & ASSOCIATES |
Barristers & Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
| For the Applicants |
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20001211
Docket: IMM-702-00
BETWEEN:
| LUIS MARIO TOVAR SANCHEZ |
| XIMENA MARULANDA MARTINEZ |
| MARIA CLAUDIA LEMA PERLAZA |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR JUDGMENT |
| AND JUDGMENT |