Date: 20050714
Docket: IMM-10511-04
Citation: 2005 FC 961
BETWEEN:
Jacqueline OTERO CHAPITAL
Applicant
-and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.
[1] This is an application for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board (the IRB) dated December 1, 2004, that the applicant is not a AConvention refugee@ or a Aperson in need of protection@ as defined under sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Jacqueline Otero Chapital (the applicant) is a citizen of the Republic of Uruguay, born on July 2, 1964. She alleges that she has a well-founded fear of persecution based on her perceived political opinion, as well as a well-founded fear of a risk of cruel and unusual treatment or punishment in her native country.
[3] The IRB determined that the applicant is not a AConvention refugee@ or a Aperson in need of protection@, having found that her story was peppered with inconsistencies and implausibilities for which she was unable to offer any satisfactory explanations, and that, when confronted, she proved to be hesitant, vague and imprecise.
[4] After reviewing the evidence, I am not persuaded that the IRB=s decision was based on an erroneous finding of fact or one that was made in a perverse or capricious manner or without regard for the material before it (see paragraph 18.1(4)(d) of the Federal Courts Act, R.S.C. 1985, c. F-7). Without necessarily endorsing all of the IRB=s comments, in my opinion the inferences drawn by this specialized tribunal could reasonably have been drawn (Aguebor v. Canada (M.E.I.) (1993), 160 N.R. 315 (F.C.A.)).
[5] Accordingly, the application for judicial review is dismissed.
AYvon Pinard@
JUDGE
OTTAWA, ONTARIO
July 14, 2005
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-10511-04
STYLE OF CAUSE: Jacqueline OTERO CHAPITAL v. MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 21, 2005
REASONS FOR ORDER: Pinard J.
DATE OF REASONS: July 14, 2005
APPEARANCES:
Alain Joffe FOR THE APPLICANT
Lynne Lazaroff FOR THE RESPONDENT
SOLICITORS OF RECORD:
Alain Joffe FOR THE APPLICANT
Montréal, Quebec
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada
Date: 20050714
Docket: IMM-10511-04
Ottawa, Ontario, the 14th day of July 2005
PRESENT: THE HONOURABLE MR. JUSTICE PINARD
BETWEEN:
Jacqueline OTERO CHAPITAL
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The application for judicial review of the decision by the Refugee Protection Division of the Immigration and Refugee Board dated December 1, 2004, that the applicant is not a AConvention refugee@ or a Aperson in need of protection@ as defined under sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, is dismissed.
AYvon Pinard@
JUDGE
Certified true translation
Kelley A. Harvey, BCL, LLB