Federal Court Decisions

     IMM-1042-96

BETWEEN:

     SAMAD GOLIZADEH,

     Applicant,

     - and -

     THE MINISTER OF CITIZENSHIP AND

     IMMIGRATION,

     Respondent.

     REASONS FOR ORDER

PINARD J:

     This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board ("the Board"), dated February 14, 1996, wherein the Board determined that the applicant was not a Convention refugee.

     Despite counsel for the applicant's able argument, I am not persuaded that a basis has been shown for interfering with the Board's decision, which is based entirely on findings of credibility. Specifically, the Board rejected as implausible the story put forward by the applicant as the basis for his refugee claim. It does seem the Board made a few errors, namely with respect to the medical evidence which it believed concerned only the applicant's sister-in-law, and with respect to the date when the applicant's brother and sister-in-law went into hiding. In light of all the evidence, however, I find that such errors are not central to the Board's fundamental finding that there is no credible or trustworthy evidence upon which to make a determination that the applicant is a Convention refugee. I am of the opinion that the applicant has not discharged his burden of establishing that the inferences drawn by the Board, which is a specialized tribunal, could not reasonably have been drawn (see the decision of the Federal Court of Appeal in Aguebor v. M.E.I. (1993), 160 N.R. 315 (C.F.A.)). Accordingly, the application must be dismissed.

     Finally, I agree with counsel for the parties that this is not a matter for certification.

O T T A W A

April 11, 1997

     Judge