Date: 19981204
Docket: IMM-5362-97
Ottawa, Ontario, the 4th day of December 1998
Present: The Honourable Mr. Justice Pinard
Between:
Tamara VINOKOUROVA
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION OF CANADA
Respondent
ORDER
The application for judicial review of the decision dated December 8, 1997, by the Convention Refugee Determination Division, which determined that the applicant is not a Convention refugee, is dismissed.
YVON PINARD
JUDGE
Certified true translation
M. Iveson
Date: 19981204
Docket: IMM-5362-97
Between:
Tamara VINOKOUROVA
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION OF CANADA
Respondent
REASONS FOR ORDER
PINARD J.:
[1] The application for judicial review concerns a decision dated December 8, 1997, by the Convention Refugee Determination Division, which found that the applicant was not credible and determined that she was not a Convention refugee.
[2] After reviewing the evidence, I am not satisfied that the applicant"s credibility was not adequately assessed. In view of the high degree of deference applicable to a conclusion of credibility by the Convention Refugee Determination Division, which is a specialized tribunal (see Aguebor v. Canada (M.E.I.) (1993), 160 N.R. 315 (C.A.), I accordingly do not intend to intervene. As the Federal Court of Appeal also indicated in Sheikh v. Canada (M.E.I.), [1990] 3 F.C. 238, the perception that an applicant is not credible generally amounts to a finding that there is no credible evidence on which to allow the person"s claim for refugee status.
[3] As for the allegation of the existence of an apprehension of bias on the part of the panel during the hearing of the refugee claim, I see nothing, in the transcript or elsewhere, which indicates substantial grounds for apprehension of bias (see Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369). Further, counsel for the applicant could and should have raised the issue of apprehension of bias during the hearing before the panel.
[4] For all of these reasons, the application for judicial review is dismissed. There is no question here to be certified.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
December 4, 1998
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-5362-97
STYLE OF CAUSE: TAMARA VINOKOUROVA v. MINISTER OF
CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: MONTRÉAL
DATE OF HEARING: NOVEMBER 18, 1998
REASONS FOR ORDER OF PINARD J.
DATED: DECEMBER 4, 1998
APPEARANCES:
ÉVELINE FISET FOR THE APPLICANT
SÉBASTIEN DASILVA FOR THE RESPONDENT
SOLICITORS OF RECORD:
ÉVELINE FISET FOR THE APPLICANT
MONTRÉAL
MORRIS ROSENBERG FOR THE RESPONDENT
DEPUTY ATTORNEY GENERAL OF CANADA