Date: 20010301
Docket: IMM-1832-00
Neutral citation: 2001 FCT 133
BETWEEN:
LIANJUN SHI
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] Mr. Lianjun Shi (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Convention Refugee Determination Division (the "Board"). In its decision dated March 22, 2000 the Board determined that the Applicant is not a Convention refugee.
[2] The Applicant is a citizen of the People's Republic of China. He entered Canada at Vancouver, British Columbia, on March 8, 1999, holding a Canadian Visitor's Visa. He allegedly came to Canada on a business trip. On March 22, 1999 the Applicant applied for refugee status on the grounds of fear of persecution by the government of China on the basis of his perceived political opinions and activities.
[3] The Applicant testified before the Board. Oral reasons were delivered following the hearing. These reasons were later transcribed in writing. The Board rejected the Applicant's claim on the basis of credibility.
[4] The Applicant now argues that the decision of the Board is flawed and raises the following issues:
| Did the tribunal err in failing to provide adequate reasons for its adverse findings of credibility? |
| Did the tribunal err in basing its decision on unreasonable speculation? |
[5] In my opinion, the arguments concerning the adequacy of the Board's reasons are misplaced. The Board found that the Applicant's evidence was not credible. There is sufficient evidence in the certified Tribunal Record to support that conclusion.
[6] The Board directed its mind to the issue of risk of persecution should the Applicant be returned to China. It reached the conclusion that he did not. The Board's decision is supported not by speculation, but by the evidence.
[7] It is inappropriate for the Court to interfere with findings of credibility made by the Board when there is evidence to support those findings; see Dhak v. Canada (Minister of Employment and Immigration) (January 26, 1998, 88-A-316.)
ORDER
[8] The application for judicial review is dismissed.
[9] There is no question for certification arising from this application.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
March 1, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1832-00 |
| STYLE OF CAUSE: LIANJUN SHI |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| DATE OF HEARING: WEDNESDAY, FEBRUARY 28, 2001 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DATED: THURSDAY, MARCH 1, 2001
| APPEARANCES BY: Ms. R. Senjule |
| For the Applicant |
| Mr. Stephen H. Gold |
| For the Respondent |
| SOLICITORS OF RECORD: Regina Senjule |
Barrister & Solicitor
410-45 Sheppard Ave. E
North York, Ontario
M2N 5W9
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20010301
Docket: IMM-1832-00
Between:
| LIANJUN SHI |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER