Date: 20040610
Docket: IMM-2594-03
Citation: 2004 FC 845
Toronto, Ontario, June 10th, 2004
Present: The Honourable Mr. Justice von Finckenstein
BETWEEN:
BARTOSZ LEWINSKI
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered orally from the bench and subsequently written for precision and clarification)
[1] This is an application for judicial review of the decision of an Immigration and Refugee Board (the "Board"), dated March 13, 2003 denying the Applicant's claim under sections 96 & 97 of the IRPA.
[2] The Applicant made two arguments:
i) that the Board made credibility findings that were impermissibly vague and not supported by clear and adequate reasons, and
ii) that the Board failed to consider the country evidence regarding persecution of homosexuals in Poland.
[3] Findings of credibility of course are the heartland of the Board's juridiction, see R.K.L. v. Canada (Minister of Citizenship and Immigration) (2003), 228 F.T.R. 43 at para. 7. This Court will overturn a Board's finding on credibility if it is patently unreasonable or unsupported by the evidence.
[4] In the case at bar the Board clearly expressed doubts in respect of the credibility of his testimony in relation to his professed sexual orientation, his failure to get medical reports concerning his most severe injury, his explanations for his failure to claim refugee status on three previous visits to Canada, his subjective fear of persecution given that he felt completing his studies was more important than fleeing, and his explanations for the considerable delay before making a claim when in Canada.
[5] Each of these findings can reasonably be made on the basis of the evidence and I find nothing patently unreasonable or unsupported in the Board's findings.
[6] As to ignoring the country evidence on the state of homosexual persecution in Poland, it is well established that once an Applicant's testimony is found not to be credible, an assessment of country evidence is not required. See Salgado v. Canada(M.C.I.), [2000] F.C.J. No 33 and Rahaman v. Canada (M.C.I.), [2003] 3 F.C. 537.
[7] Accordingly, this application will be dismissed.
ORDER
THE COURT ORDERS that this application be dismissed.
"K. von Finckenstein"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2594-03
STYLE OF CAUSE: BARTOSZ LEWINSKI
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 10, 2004
REASONS FOR ORDER
AND ORDER BY: VON FINCKENSTEIN J.
APPEARANCES:
Ralph Dzegnuik For the Applicant
Robert Bafaro For the Respondent
SOLICITORS OF RECORD:
Green & Spiegel
Barristers & Solicitors
Toronto, ON For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada For the Respondent
FEDERAL COURT
TRIAL DIVISION
Date: 20040610
Docket: IMM-2594-03
BETWEEN:
BARTOSZ LEWINSKI
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER