Date: 20040115
Docket: IMM -3356-03
CALGARY, Alberta, Thursday, the 15th day of January, 2004.
PRESENT: THE HONOURABLE MR. JUSTICE von FINCKENSTEIN
BETWEEN:
PASCAL NGOUABI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered Orally from the Bench and Subsequently Written
and Edited for Clarification and Precision)
[1] The Board considered the medical evidence regarding Post Traumatic Stress Disorder and recognized that it may affect a person's cognitive ability. It however found that in this case the discrepancies in the testimony could not be attributed to PTSD. As long as such finding is not patently unreasonable it is up to the Board to weigh medical evidence and draw appropriate conclusion. (See Baines v. MCI [2002] F.C.J. No 85).
[2] The Board cited numerous instances of inconsistency and discrepancy and on that basis it found the testimony not to be plausible. It is the Board's function to assess plausibility, (See Gonzales v. MCI [1999] F.C.J. No 805).
[3] None of the findings of the Board are patently unreasonable and the entirety of the findings supports the determination of implausibility.
[4] Accordingly there are no grounds to vacate the decision of the Board.
ORDER
IT IS HEREBY ORDERED that:
This application is dismissed.
"K. von Finckenstein"
J. F. C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3356-03
STYLE OF CAUSE: Pascal Ngouabi v. The Minister of
Citizenship and Immigration
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: January 15, 2004
REASONS FOR ORDER AND ORDER : von FINCKENSTEIN, J.
DATED: January 15, 2004
APPEARANCES:
Ms. Lorna K. Gladman FOR APPLICANT
Ms. Carrie Sharpe FOR RESPONDENT
SOLICITORS OF RECORD:
Ms. Lorna K. Gladman
Calgary, Alberta FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT