Date: 20050606
Docket: IMM-5972-04
Citation: 2005 FC 808
BETWEEN:
VIMALINI BALACHANDRAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
PHELAN J.
[1] The Applicant brought this application for judicial review to overturn a decision of the Immigration and Refugee Board (IRB) denying her application for refugee status which decision was based entirely on credibility.
[2] The IRB found the Applicant's evidence confusing and contradictory. It found significant omissions in her PIF. It found her story lacked credibility and lacked plausibility.
[3] A review of the transcript of her testimony would confirm that all of this is accurate. However it is not for this Court to make credibility findings. The Court looks to see if these findings were perverse and made without regard for the evidence.
[4] The IRB relied on documentary evidence, something which is within their sphere of competence. There is nothing unreasonable about the IRB's conclusion.
[5] The Applicant relied on a doctor's letter, to the effect that she suffered anxiety and depression, to explain her confusing and contradictory testimony. However there is no evidence that there is any connection between her condition and her failure to answer questions, her evasiveness or her contradictory statements.
[6] Therefore there is no basis upon which this Court should intervene in this decision.
[7] For these reasons, this application shall be dismissed.
[8] There is no question to be certified.
(s) "Michael L. Phelan"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5972-04
STYLE OF CAUSE: VIMALINI BALACHANDRAN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: June 2, 2005
REASONS FOR ORDER: Phelan J.
DATED: June 6, 2005
APPEARANCES:
Mr. John O. Grant FOR THE APPLICANT
Ms. Angela Marinos FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
John O. Grant
Mississauga, Ontario FOR THE APPLICANT
Mr. John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT