Demircivi v. Canada (Minister of Citizenship and Immigration)
Court headnote
Demircivi v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-07-11 Neutral citation 2002 FCT 783 File numbers IMM-5195-01 Decision Content Date: 20020711 Docket: IMM-5195-01 Neutral citation: 2002 FCT 783 Vancouver, British Columbia, Thursday, July 11, 2002 Present: The Honourable Madam Justice Danièle Tremblay-Lamer BETWEEN: ILHAN DEMIRCIVI SENAY AYDENIZ Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Convention Refugee Determination Division (the Board) wherein the applicants were found not to be Convention refugees. [2] The Board found that the applicants failed to provide sufficient, credible, and trustworthy evidence to establish their claims. [3] The applicants have failed to demonstrate that the Board misconstrued or ignored the evidence, or made findings of fact that were manifestly in error. [4] The Board provided clear reasons why the applicants' allegations were not plausible and why the applicants were not credible and reliable. [5] I find that the Board was very meticulous in supporting its conclusions with the documentary evidence before it and gave reasons for why it preferred relevant documentary evidence when it did. That the Board decided to give more weight to the documentary evidence than to the applicants' evidence was entirely within its discretion. [6] Having found that the Board'…
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Demircivi v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-07-11 Neutral citation 2002 FCT 783 File numbers IMM-5195-01 Decision Content Date: 20020711 Docket: IMM-5195-01 Neutral citation: 2002 FCT 783 Vancouver, British Columbia, Thursday, July 11, 2002 Present: The Honourable Madam Justice Danièle Tremblay-Lamer BETWEEN: ILHAN DEMIRCIVI SENAY AYDENIZ Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Convention Refugee Determination Division (the Board) wherein the applicants were found not to be Convention refugees. [2] The Board found that the applicants failed to provide sufficient, credible, and trustworthy evidence to establish their claims. [3] The applicants have failed to demonstrate that the Board misconstrued or ignored the evidence, or made findings of fact that were manifestly in error. [4] The Board provided clear reasons why the applicants' allegations were not plausible and why the applicants were not credible and reliable. [5] I find that the Board was very meticulous in supporting its conclusions with the documentary evidence before it and gave reasons for why it preferred relevant documentary evidence when it did. That the Board decided to give more weight to the documentary evidence than to the applicants' evidence was entirely within its discretion. [6] Having found that the Board's adverse credibility findings should stand, it is unnecessary for me to look at the Board's findings with respect to the claims against the second country of reference, Bulgaria. ORDER The application for judicial review is dismissed. (Sgd.) "Danièle Tremblay-Lamer" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-5195-01 STYLE OF CAUSE: ILHAN DEMIRCIVI, SENAY AYDENIZ -and Applicants THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Vancouver, B.C. DATE OF HEARING: July 10, 2002 REASONS FOR ORDER: TREMBLAY-LAMER J. DATED: July 11, 2002 APPEARANCES: Ms. Maureen Kirkpatrick for Applicants Ms. Brenda Carbonell for Respondent SOLICITORS OF RECORD: Larson Boulton Sohn Stockholder for Applicants Vancouver, B.C. Morris Rosenberg for Respondent Deputy Attorney General of Canada Ottawa, ON
Source: decisions.fct-cf.gc.ca