Date: 20000817
Docket: IMM-1124-99
MONTRÉAL, QUEBEC, AUGUST 17, 2000
| BEFORE: DENAULT J. |
BETWEEN:
RACHEL ZOJEWIC
Plaintiff
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
Judicial review of decision by IRB on January 13, 1999 in case M96-08921.
[Section 82.1 of Immigration Act]
REASONS FOR ORDER
DENAULT J.
[1] In the case at bar the plaintiff was unable to persuade the Court that it should intervene to quash this decision by the Refugee Division, which held that she was not a Convention refugee.
[2] The tribunal was entitled, within its field of jurisdiction, to briefly check the plaintiff's religious knowledge as it related to alleged daily church attendance, as the plaintiff maintained.
[3] Additionally, it was not unreasonable in the case at bar to conclude that the plaintiff lacked credibility and that she had claimed refugee status for reasons other than those alleged, namely on account of her age, the fact that all her children are in Canada and the fact that she did not know where to go. In the case at bar, the Court does not have to determine the legality of a decision denying entry to Canada on humanitarian grounds pursuant to s. 114(2) of the Immigration Act, simply the rejection of an application for refugee status.
[4] For these reasons, the application for judicial review will be dismissed. There is no basis for certifying a serious question of general importance pursuant to s. 83(1) of the Act.
| Pierre Denault Judge |
MONTRÉAL, QUEBEC
August 17, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE: IMM-1124-99 |
| STYLE OF CAUSE: RACHEL ZOJEWIC |
Plaintiff
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: August 17, 2000 |
| REASONS FOR ORDER BY: DENAULT J. |
| DATED: August 17, 2000 |
APPEARANCES:
| Yves Gravel for the plaintiff |
| Christine Bernard for the defendant |
SOLICITORS OF RECORD:
| Yves Gravel for the plaintiff |
Montréal, Quebec
| Morris Rosenberg for the defendant |
Deputy Attorney General of Canada
Montréal, Quebec
| FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20000817 Docket: IMM-1124-99 BETWEEN: RACHEL ZOJEWIC Plaintiff AND THE MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant REASONS FOR ORDER |