O.K. v. Canada (Minister of Citizenship and Immigration)
Court headnote
O.K. v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-02-23 Neutral citation 2004 FC 264 File numbers IMM-2715-03 Decision Content Date: 20040223 Docket: IMM-2715-03 Citation: 2004 FC 264 Ottawa, Ontario, this 23rd day of February 2004 Present: The Honourable Madam Justice Heneghan BETWEEN: O. K.[1] Applicant, and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. O. K. (the "Applicant") seeks judicial review of the decision of the Immigration and Refuge Board, Refugee Protection Division (the "Board"). In its decision, dated March 25, 2003, the Board determined that the Applicant was not a Convention refugee or a person in need of protection. [2] The Applicant, a citizen of Ukraine, applied for Convention refugee status in Canada on June 26, 2001, on the grounds that he fears unknown persons in the Ukraine and that the authorities cannot protect him or his family. The Board made negative credibility findings against the Applicant and further found no credible basis for this claim. [3] It is the role of the Board to make credibility findings and in the absence of evidence to support those findings a reviewing Court should not intervene, see Aguebor v. Canada (Minister of Employment and Immigration (1993), 160 N.R. 315 (F.C.A.). In my opinion, the findings of the Board are supported by the evidence, including the Applicant's evidence at his hearing. There is no basis for judicial in…
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O.K. v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-02-23 Neutral citation 2004 FC 264 File numbers IMM-2715-03 Decision Content Date: 20040223 Docket: IMM-2715-03 Citation: 2004 FC 264 Ottawa, Ontario, this 23rd day of February 2004 Present: The Honourable Madam Justice Heneghan BETWEEN: O. K.[1] Applicant, and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. O. K. (the "Applicant") seeks judicial review of the decision of the Immigration and Refuge Board, Refugee Protection Division (the "Board"). In its decision, dated March 25, 2003, the Board determined that the Applicant was not a Convention refugee or a person in need of protection. [2] The Applicant, a citizen of Ukraine, applied for Convention refugee status in Canada on June 26, 2001, on the grounds that he fears unknown persons in the Ukraine and that the authorities cannot protect him or his family. The Board made negative credibility findings against the Applicant and further found no credible basis for this claim. [3] It is the role of the Board to make credibility findings and in the absence of evidence to support those findings a reviewing Court should not intervene, see Aguebor v. Canada (Minister of Employment and Immigration (1993), 160 N.R. 315 (F.C.A.). In my opinion, the findings of the Board are supported by the evidence, including the Applicant's evidence at his hearing. There is no basis for judicial intervention and this application for judicial review is dismissed. [4] Counsel for the Applicant submitted three questions for certification. Counsel for the Respondent argued that the questions do not meet the test for certification as discussed in Chu v. Canada (Minister of Citizenship and Immigration) (1996), 116 F.T.R. 68 (Fed. T.D.). I agree with the Respondent and no question will be certified. ORDER The application for judicial review is dismissed and no question will be certified. "E. Heneghan" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2715-03 STYLE OF CAUSE: O.K. v. The Minister of Citizenship and Immigration PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: February 18, 2004 REASONS FOR ORDER AND ORDER: The Honourable Madam Justice Heneghan DATED: February 23, 2004 APPEARANCES: David Matas FOR APPLICANT Nalini Reddy FOR RESPONDENT Department of Justice Winnipeg, Manitoba SOLICITORS OF RECORD: David Matas FOR APPLICANT Barrister & Solicitor 602 - 225 Vaughan Street Winnipeg, MB R3C 1T7 Morris Rosenberg FOR RESPONDENT Deputy Attorney General of Canada [1]The style of cause was amended at the request of counsel for the Applicant following the hearing of this application.
Source: decisions.fct-cf.gc.ca