Date: 20040407
Docket: IMM-1836-03
Citation: 2004 FC 544
Ottawa, Ontario, this 7th day of April, 2004
Present: The Honourable Madam Justice Heneghan
BETWEEN:
FATIME GURI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Ms. Fatime Guri (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"), dated February 21, 2003. In its decision, the Board determined the Applicant not to be a Convention refugee nor a person in need of protection.
[2] The Applicant, a citizen of Albania, claimed refugee status in Canada on the grounds of her political opinion and membership in a particular social group, that is membership in a family with a history of past and on-going political association with the Democratic Party ("DP") that opposes the Socialist Party in Albania. The Applicant relied on the activities undertaken by her father and his position as a member of the DP executive steering committee for Gjirokaster, as well as the involvement of her mother as a chair of the DP branch for women and her own membership in the DP Youth Forum beginning in 1996.
[3] The Board characterized the central issue in the Applicant's claim as to whether the Applicant and her family have a political profile that would attract the attention of the government of Albania, leading to persecution against her. The Board found contradictions, implausibilities and omissions in the Applicant's evidence and further found that she had not adequately explained them. Ultimately, the Board determined that the Applicant's evidence was not credible and dismissed her claim.
[4] Credibility findings are within the mandate of the Board. It is entitled to reach negative conclusions which will remain undisturbed by a reviewing Court as long as those conclusions are "not so unreasonable" as to justify intervention; see Aguebor v. Minister of Employment and Immigration (1993), 160 N.R. 315 (F.C.A.). I am not satisfied that the Applicant has met that threshold in this case and accordingly, the application for judicial review is dismissed.
[5] There is no question for certification arising.
ORDER
The application for judicial review is dismissed. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-1836-03
STYLE OF CAUSE: FATIME GURI v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: March 30, 2004
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: March 30, 2004
REASONS FOR ORDER
AND ORDER BY: Heneghan J.
DATED: April 7, 2004
APPEARANCES BY: Mr. Jeffrey L. Goldman
Applicant
Ms. Matina Karvellas
Respondent
SOLICITORS OF RECORD: Jeffrey L. Goldman
Barrister and Solicitor Toronto, Ontario
Applicant
Morris Rosenberg
Deputy Attorney General of Canada
Department of Justice
Toronto, Ontario
Respondent