Ottawa, Ontario, August 16, 2006
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
and
AND IMMIGRATION
REASONS FOR JUDGMENT AND JUDGMENT
[1] The Immigration and Refugee Board (Board) denied refugee status to the Applicant on the basis of its adverse credibility finding. The Board found that the Applicant failed to present credible or trustworthy evidence to establish his claim of a well-founded fear. This is the judicial review of that negative decision.
II. Facts
[2] The Applicant is a male citizen of Albania. He claimed refugee status because of his fear of persecution from police and government forces and also from gangs of Socialist supporters on the basis of his political opinion, a supporter of the Democratic Party in Albania. He also supported his claim by reference to his twin brother and father who were political activists. His brother was granted refugee status in Canada in 2000 and his father lives in Greece.
[3] The Applicant claimed that his family had a history of mistreatment under the former communist regime and under the current ruling Socialist Party.
[4] In 2000 he and his family fled to Greece where he attested that they experienced harassment from Albanians for their support of the Democratic Party.
[5] The Board found that the Applicant’s story lacked credibility in respect of the following:
· that he failed to seek refugee status in Greece during the two years he lived there when there was documentary evidence, demonstrating a high success rate for Albanians seeking legal status;
· that he failed to take advantage of the extended legalization process in Greece;
· the absence of credible or trustworthy evidence of his involvement in Democratic Party activities after he left Albania in 2000; and
· the absence of such evidence that the Applicant, while in Greece, was sought by the Albanian secret police because of his alleged political activities while in Greece.
[6] The Board also noted the ameliorating country conditions in Albania with respect to politically motivated acts of violence.
III. Analysis
[7] The standard of review for credibility findings has been held to be patent unreasonableness. (Aguebor v. Canada (Minister of Employment and Immigration) (1993), 160 N.R. 315) I adopt that standard of review.
[8] Contrary to the Applicant’s submissions, the Board did not ignore the political activities of the Applicant’s father and brother or the fact that the brothers were twins. The Applicant’s case must stand on its own and the fact that his brother was accepted as a refugee does not automatically entitle the Applicant to similar treatment.
[9] While the Applicant is correct that the Board erred in its description of a certain telephone call, the error is immaterial to the central aspects of the Board’s decision.
[10] The Applicant has failed to show how the Board erred in its assessment of country conditions in Albania. He has also failed to establish the unreasonableness of the Board’s credibility findings.
[11] In effect, the Applicant asks this Court to reweigh the evidence before the Board – a task which the Court will not undertake.
[12] Therefore, this application for judicial review will be dismissed. No question will be certified.
JUDGMENT
IT IS ORDERED THAT this application for judicial review is dismissed.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4812-05
STYLE OF CAUSE: SAIMIR BUZI
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
APPEARANCES:
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Mr. Jeffrey L. Goldman
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Mr. David Tyndale
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SOLICITORS OF RECORD:
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MR. JEFFREY L. GOLDMAN Barrister & Solicitor Toronto, Ontario
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MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario
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