Federal Court Decisions

Date: 20070608

Docket: IMM-4657-06

Citation: 2007 FC 617

Toronto, Ontario, June 8, 2007

PRESENT:     The Honourable Madam Justice Heneghan

BETWEEN:

FANTAYE MEKBIB BERHANU

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]               Ms. Fantaye Mekbib Berhanu (the “Applicant”) seeks judicial review of the decision, dated August 3, 2006, dismissing her application for protection pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, as amended (the “Act”).

[2]               The Applicant, a citizen of Ethiopia, came to Canada on October 22, 2005 and claimed to be a Convention refugee pursuant to section 97 of the Act. Her claim was based upon her political opinion, that is as a supporter of the All Ethiopian Unity Party (the “AEUP”) and the Coalition for Unity and Democracy (the “CUD”).

[3]               The Board did not believe the Applicant and made negative credibility findings against her including negative findings relative to certain documents submitted by the Applicant in support of her claim.

[4]               In order to succeed in this application, the Applicant must show that the Board erred in its application of the law or in its assessment of the evidence or that there was a breach of procedural fairness. The Applicant focused her arguments upon the Board’s findings of fact and submitted that these are reviewable upon the standard of patent unreasonableness, including the findings with respect t her credibility.

[5]               In my opinion, the Applicant here failed to show, on the balance of probabilities, that the Board committed a reviewable error in its assessment of credibility. The transcript of the Applicant’s oral evidence before the Board supports the conclusions that were drawn. No judicial intervention is warranted and this application is dismissed, no question for certification arising.

ORDER

            This application for judicial review is dismissed, no question for certification arising.

“E. Heneghan”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-4657-06

STYLE OF CAUSE:                          Fantaye Mekbib Berhanu and the

                                                            Minister of Citizenship and Immigration

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      June 7, 2007

REASONS FOR ORDER

AND ORDER:                                   HENEGHAN J.

DATED:                                             June 8, 2007

APPEARANCES:

SOLICITORS OF RECORD: