Date: 20050505
Docket: IMM-928-04
Citation: 2005 FC 631
BETWEEN:
TANSIOCO III, ARTURO
(a.k.a. Tansiaco III, Arturo Regala)
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
PHELAN J.
[1] The Refugee Protection Division of the Immigration and Refugee Board (the "Panel") concluded that Arturo Tansioco III, a 27 year old citizen of the Philippines was not a refugee or a person in need of protection. This is his judicial review of that decision.
[2] The Applicant said that he was wanted by the police in Manila for having caused a riot. The police allegedly called him at his home, threatening him and telling him to surrender. He went into hiding. The police supposedly came to his home but he had gone into hiding by then.
[3] The Panel found his account of events to be highly improbable. The Panel could not accept that police would telephone a suspect a number of times rather than simply going to his home and arresting him. The Panel also found it difficult to believe that a person, wanted by police, could easily slip through Philippine passport control or would even expose themselves to that risk and travel under their proper name.
[4] This is straight forward plausibility finding. As such, the standard of review is patent unreasonableness.
[5] A plausibility finding engages one in a consideration of common sense and rationality. In addition the Board has some familiarity with exit control processes in various countries.
[6] In my view, this is not a case where the Panel had to layout all its knowledge of police and passport control procedures in order to apply common sense to a story. It would be incumbent of the Applicant to explain why such organizations would not behave in a "common sense" manner - as it is understood in this country.
[7] There is nothing patently unreasonable in the Panel's conclusions.
[8] For these reasons, the judicial review will be dismissed. There is no question for certification.
(s) "Michael L. Phelan"
Judge
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-928-04
STYLE OF CAUSE: TANSIOCO III, ARTURO
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, APRIL 20, 2005
REASONS FOR ORDER: PHELAN J.
DATED: May 5, 2005
Ms. Belinda Bozinovski FOR THE APPLICANT
Ms. Mary Matthews FOR THE RESPONDENT
SOLICITORS OF RECORD:
The Immigration Assistance Centre
Toronto, Ontario FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT