Date: 20000810
Docket: IMM-4090-99
MONTRÉAL, QUEBEC, AUGUST 10, 2000
BEFORE: NADON J.
BETWEEN: DAVID RAFAEL QUINE VENEGAS
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
Application for judicial review of a decision by the IRB on August 5, 1999 by Board members Jacques Fortier and Sylvie Lévesque, in case M98-00318.
[Section 82.1 of the Immigration Act]
O R D E R
The application for judicial review is denied.
|
Marc Nadon Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20000810
Docket: IMM-4090-99
BETWEEN:
DAVID RAFAEL QUINE VENEGAS
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
REASONS FOR ORDER
NADON J.
[1] The plaintiff is challenging a decision of the Refugee Division on August 5, 1999 that he is not a Convention refugee.
[2] Despite the very able argument of Ms. Kelepdjian, the plaintiff did not persuade the Court that the Refugee Division made an error that would justify its intervention.
[3] Firstly, relying on Ward,[1] a judgment of the Supreme Court of Canada, the Refugee Division concluded that there was no valid fear of persecution as the plaintiff had not persuaded it that Peru was refusing or was unable to protect him. In my opinion, based on the evidence this conclusion is in no way unreasonable.
[4] Secondly, the Refugee Division had doubts about the plaintiff's subjective fear. In my opinion the evidence in the record was sufficient to justify the Refugee Division's doubts about the plaintiff's subjective fear.
[5] The application for judicial review will accordingly be denied.
|
Marc Nadon Judge |
MONTRÉAL, QUEBEC
August 10, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
|
FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20000810 Docket: IMM-4090-99 BETWEEN: DAVID RAFAEL QUINE VENEGAS Plaintiff - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: IMM-4090-99
STYLE OF CAUSE:
DAVID RAFAEL QUINE VENEGAS
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: August 9, 2000
REASONS FOR ORDER BY: NADON J .
DATED: August 10, 2000
APPEARANCES:
Lenya Kalepdjian for the plaintiff
Michel Pépin for the defendant
SOLICITORS OF RECORD:
Lenya Kalepdjian for the plaintiff
Montréal, Quebec
Morris Rosenberg for the defendant
Deputy Attorney General of Canada
Montréal, Quebec