Toronto, Ontario, July 13, 2005
PRESENT: THE HONOURABLE MADAM JUSTICE SNIDER
BETWEEN:
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
REASONS FOR ORDER AND ORDER
[1] The Applicant, Mr Chun Xi Lin, is a citizen from China who arrived in Canada on August 9, 2003. He claims a well-founded fear of persecution by reason of his membership in a particular social group and his perceived political opinion.
[2] The Applicant seeks judicial review of the decision of a panel of the Immigration and Refugee Board (Refugee Protection Division) (the "Board") dated July 13, 2004 wherein the Board concluded that he was neither Convention refugee nor person in need of protection.
[3] The only issue in this case is whether the Board erred in assessing the Applicant's credibility. The Board concluded that there were far too many discrepancies in the Applicant's story to find it believable. In its decision, it described 15 such discrepancies. The Applicant takes exception to only two of them:
1. The Applicant testified he remained at the company dormitory and worked on Falun Gong material during this time. But he lived only ten kilometres away and he explained he slept there because he liked to play on the computer. The Board found the Applicant's Personal Information Form to be misleading on this point.
2. The Board concluded that the photographs at a Falun Gong celebration in Toronto had no material bearing on the claim. Also, it questioned the Applicant's demeanour on them and why they were part of the file.
[4] This case is about credibility and it is trite law that the standard of review is patent unreasonableness. (Aguebor v. Canada (MCI), [1993] F.C.J. no 732, FCA).
[5] After a thorough review of the file and the transcripts, I cannot find anything to support the issues raised in the Applicant's submissions.
[6] Regarding the issue of the reason that he slept at the dormitory, the Board noted it as one of the discrepancies. In my opinion, that fact was relevant to his claim because it was part of his alleged activities with the illegal Falun Gong material. But even if I conclude it was not relevant to the claim, it is one minor aspect and there were so many other discrepancies in the Applicant's story that the decision is still reasonable.
[7] Dealing with the photographs, the Board questioned why they were on the file since the Applicant testified he was not a Falun Gong practitioner. In my opinion, the Board gave no weight to them and did not doubt his credibility based on the photographs. They are irrelevant to the decision.
[8] In sum, the Applicant's story was found to be a fabrication and a misrepresentation. The Board, applying the correct standard of proof, concluded that there was no more than a mere possibility of persecution if he were to return to China.
[9] The Board's decision is not unreasonable. The application will be dismissed. No question will be certified.
ORDER
THIS COURT ORDERS that
1. The Application is dismissed.
2. No question of general importance is certified.
JUDGE
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-7244-04
STYLE OF CAUSE: CHUN XI LIN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JULY 13, 2005
APPEARANCES:
Kathy Clarke FOR THE APPLICANT
Sally E. Thomas FOR THE RESPONDENT
SOLICITORS OF RECORD:
LEWIS & ASSOCIATES
Toronto, Ontario FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT