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Date: 20050608

Docket: IMM-5621-04

Citation: 2005 FC 819

Toronto, Ontario, June 8th, 2005

Present:           The Honourable Mr. Justice Mosley                                   

BETWEEN:

                                             ANGELA CVETKOVIC BALLATORE

RENZO REANO CVETKOVIC

ROMARIO REANO CVETKOVIC

                                                                                                                                           Applicants

                                                                           and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                            REASONS FOR ORDER AND ORDER


[1]                Mrs. Angela Cvetkovic Ballatore is a 53-year-old Peruvian citizen who alleges a well-founded fear of persecution on the basis of a social group, women who are victims of domestic violence. Dependent on her claims are the claims of her two sons, Renzo (14) and Romario (19), also allegedly terrorized by their father. They seek judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division ("the Board"), dated May 31, 2004 that found that they were neither Convention refugees nor persons in need of protection.

[2]                The Board found that Mrs. Ballatore was not credible. It concluded that her testimony at the hearing was exaggerated and inconsistent with the information disclosed to a visa officer in Lima and in her personal information form ("PIF").

[3]                It is clear from Mrs. Ballatore's evidence that her purpose in seeking a visitor's visa from the Canadian mission in Lima was to join her mother and other family members and remain with them in this country. Five months after arriving, she filed her claim describing the abuse suffered at the hands of her husband. The history of abuse was not disclosed to the visa office in Lima. The respondent argues that she could have made a refugee claim at that post and suggests that it would have been given careful and thorough consideration. That may well be, but as the Federal Court of Appeal stated in Fajardo v. Canada (Minister of Employment and Immigration) (1993), 157 N.R. 392:

Can it be seriously suggested that any but the most naive applicant for a visitor's visa would indicate to the visa officer that the purpose of going to Canada was not to visit but to seek asylum?


[4]                Had the Board actually drawn adverse inferences in its decision from the fact that Mrs. Ballatore had failed to tell the immigration officer in Peru about the persecution she had suffered, I would have found that it committed a reviewable error. However, the Board did not find fault with the applicant for failing to reveal the actual purpose of her trip, but rather found that the information submitted was inconsistent with her claim. Even had I found that the Board drew an irrelevant and patently unreasonable inference about this lack of disclosure, I would not have found it to be fatal to the overall decision:De Almeida v. Canada (Minister of Citizenship and Immigration) 2005 FC 506.

[5]                Counsel for the applicants submitted that the Board ignored photographic evidence of Mrs. Ballatore's emaciated condition in Peru. By ignoring significant corroborative material evidence without explanation, the Board erred, it was argued. I was invited to examine passport and other photographs in the record and conclude for myself that they substantiated her account. The respondent argued, and I agree, that it would be inappropriate for the court to draw any inferences from the photographs, particularly in the absence of any evidence as to when and how they were taken.

[6]                The Board conducted a thorough review of the evidence and was sensitive to the situation of women victims of spousal abuse in Peru. However, it did "not believe a word of her story." Having closely reviewed Mrs. Ballatore's testimony and the Board's reasons for its decision, I am unable to conclude that it reached its findings in a perverse or capricious manner or without regard to the evidence. Accordingly, I will dismiss the application. No serious question of general importance was proposed.


                                               ORDER

THIS COURT ORDERS that the application is dismissed. No question is certified.

                                                                            "Richard G. Mosley"               

                                                                                                   J.F.C.                            


                                     FEDERAL COURT

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-5621-04

STYLE OF CAUSE:             ANGELA CVETKOVIC BALLATORE

RENZO REANO CVETKOVIC

ROMARIO REANO CVETKOVIC

                                                            

                                                                                            Applicants

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                     

                                                                                          Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       JUNE 7, 2005

REASONS FOR ORDER

AND ORDER BY:                             MOSLEY J.

                                                                              

DATED:                                              JUNE 8, 2005

APPEARANCES:

Lani Gozlan                                                       FOR THE APPLICANTS                   

Marcel Larouche                                               FOR THE RESPONDENT

SOLICITORS OF RECORD:     

Max Berger Professional

Law Corporation

Toronto, Ontario                                               FOR THE APPLICANTS                    

John H. Sims, Q.C.

Deputy Attorney General of Canada                  FOR THE RESPONDENT


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