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                                                                                                                                  Date: 20050704

                                                                                                                      Docket: IMM-5693-04

                                                                                                                        Citation: 2005 FC 937

BETWEEN:

                                                  ELIZETE ARAUJO CELESTINO

                                                                                                                                            Applicant

                                                                           and

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

PHELAN J.

[1]                The Applicant is a female citizen of Brazil who claims refugee protection based on her fear of the Primero Comando da Capital (PCC), a mafia-like gang.

BACKGROUND


[2]                Her story is that she had an "association" with a gang member ("Carioca"). After his departure from where they lived, she returned to her apartment one day to find it vandalized and four men waiting for her demanding that she turn over a document Carioca said (he allegedly confessed to the PCC while under torture) that she had. She denied having the document and was beaten.

[3]                The Applicant says that she then fled to her hometown where she was met by four more gang members, kidnapped and then tortured. She fled to Sao Paulo from which she eventually made her way to Canada.

[4]                The Refugee Protection Division of the Immigration and Refugee Board (the Panel) denied her application based on her failure to seek state protection and five (5) negative credibility findings each of which was supported by cogent reasons.

DETERMINATION

[5]                The Applicant had originally raised an issue of reasonable apprehension of bias based on the Panel's comments during the hearing. This argument was abandoned at the judicial review hearing.

[6]                This case turns upon the Panel's credibility findings and its overall credibility conclusion. The Applicant did not challenge these findings or overall assessment. These findings were entirely open to the Panel on the basis of the record before it.


[7]                The Applicant's complaint that the Panel did not properly assess a medical certificate cannot succeed. The treatment of the medical certificate was part of the Panel's assessment of credibility and turned on that finding.

[8]                Since the Applicant raised the bias issue in reply, having advised the Court as a preliminary matter that this issue was abandoned, the Court has reviewed the transcript of the Panel hearing. There is no basis for any allegation of bias.

[9]                For these reasons the judicial review will be dismissed.

[10]            There is no question for certification.

                                                                                                                         (s) "Michael L. Phelan"          

Judge


                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-5693-04

STYLE OF CAUSE:               ELIZETE ARAUJO CELESTINO v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                     Toronto, Ontario

DATE OF HEARING:                       May 26, 2005

REASONS FOR ORDER:                Phelan J.

DATED:                                              July 4, 2005

APPEARANCES:

Mr. Joel Etienne                                                                                              FOR THE APPLICANT

Mr. Brad Gotkin                                                                                         FOR THE RESPONDENT

SOLICITORS ON THE RECORD:


Joel Etienne

Barrister and Solicitor

Toronto, Ontario                                                                                             FOR THE APPLICANT

Mr. John H. Sims, Q.C.

Deputy Attorney General of Canada

Ottawa, Ontario                                                                                          FOR THE RESPONDENT

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