Date : 19990205
Docket: IMM-1028-98
Between:
MWAMBA HERVE
Applicant
- and-
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER, J.:
[1] This is a judicial review of a decision of the Refugee Division, in which it was determined that the applicant is not a Convention refugee.
[2] The applicant is a citizen of the Republic of the Congo (formerly Zaire). He claims to have a well-founded fear of persecution by reason of his Kasaien ethnic origin, his political opinions and his membership in a particular social group.
[3] The applicant belongs to the Mouvement Solidaire des Mulubas (MSM), an athletic and social organization that was "more or less linked" with the main opposition party, the Union pour la démocratie et le progrès social (UDPS). His father was the human resources director at the Générale de carrière des mines (GECAMIN), a state-owned corporation, and the president of the MSM. The MSM meetings were held at the applicant"s house twice a month.
[4] As the panel indicated in its decision, the applicant alleges that in 1993 and 1994, he and his father were constantly harassed by soldiers, often dressed as civilians, who beat them and threatened them with death. He claims to have been imprisoned, violently interrogated about the MSM by soldiers and to have been whipped daily for a week. Finally, the applicant left the country under an assumed name with a Belgian passport. He arrived in Canada on April 26, 1995 and claimed refugee status the next day.
[5] The Refugee Division concluded that the applicant was not credible. The Division pointed out a number of implausible statements, noting in particular that mixing up political parties when political persecution is a central part of this claim tarnishes the whole credibility of the applicant.
[6] As for the applicant"s explanations, the panel believes that these significant details were added at the last minute to enhance a rather meagre story and that they demonstrate even more, if it were necessary, the applicant"s lack of credibility.
[7] This conclusion of a lack of credibility is supported by the evidence and cannot be considered to be perverse or unreasonable.
[8] In a similar situation, the courts have held 1 that a tribunal's perception that a claimant is not a credible witness effectively amounts to a finding that there is no credible evidence on which the Refugee Division could allow his refugee claim.
[9] Thus, given subsection 69.1(9.1) of the Immigration Act,1 the Division legitimately concluded that there was no credible basis for the claim.
[10] I could not find any clear error that would justify the intervention of this Court.
[11] The application for judicial review is dismissed.
[12] Counsel did not submit any question to be certified.
"Danièle Tremblay-Lamer"
JUDGE
OTTAWA, ONTARIO
February 5, 1999.
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT NO.: IMM-0128-98 |
| STYLE OF CAUSE: MWAMBA HERVE v. MINISTER OF CITIZENSHIP AND IMMIGRATION |
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 2, 1999
REASONS FOR ORDER BY: TREMBLAY-LAMER J.
DATED: February 5, 1999
APPEARANCES:
Serban Mihai Tismanariu FOR THE APPLICANT
Josée Paquin FOR THE RESPONDENT
SOLICITORS OF RECORD:
FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
__________________1. Sheikh v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 238.