Date: 20020214
Docket: IMM-804-01
Neutral citation: 2002 FCT 170
BETWEEN:
MING HUAN WEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
TREMBLAY-LAMER J.:
[1] The applicant seeks judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board ("the Board"), dated January 24, 2001, wherein the Board determined that the applicant was not a Convention Refugee.
[2] The applicant is a citizen of China. He arrived in Canada in October 1998, holding a visitor's visa and a student authorization. He made a refugee claim in July 1999, allegedly after having learned that he was wanted by the Chinese police for membership in an underground political organization.
[3] In spite of the argument by counsel for the applicant, I am unable to find that the Board made any error that would warrant interference by the Court in this case. Questions of credibility and weight of evidence are within the jurisdiction of the Board.
[4] On reading the transcript, it is clear that the applicant's answers to questions regarding the content of his discussions with his students were vague. Further, these discussions were not even mentioned in his PIF, and thus it was certainly open to the Board to draw negative inferences from this fact. With respect to the probative value, given to the internal circular, this is a matter of weight to be given to the evidence which should not be interfered with by this Court.
[5] I also do not agree with the applicant that the Board ignored his membership in an underground political organization. The Board explicitly noted in its decision that the applicant belonged to the Democratic Party. Its consideration of the evidence on this issue is again a matter of weight to be given to the evidence.
[6] For these reasons, the application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
J.F.C.C.
Toronto, Ontario
February 14, 2002.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-804-01
STYLE OF CAUSE:
MING HUAN WEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: WEDNESDAY, FEBRUARY 13, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: TREMBLAY-LAMER J.
DATED: THURSDAY, FEBRUARY 14, 2002
APPEARANCES BY: Mr. John Lee
For the Applicant
Mr. John Loncar
For the Respondent
SOLICITORS OF RECORD: John Lee
Barrister & Solicitor
5 Fairview Mall Drive
Suite 365
North York, Ontario
M2J 2Z1
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020214
Docket: IMM-804-01
BETWEEN:
MING HUAN WEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER