François v. Canada (Citizenship and Immigration)

François v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2011-04-05
Neutral citation
2011 FC 414
File numbers
IMM-4692-10
Decision Content
Federal Court
Cour fédérale
Date: 20110405
Docket: IMM-4692-10
Citation: 2011 FC 414
[UNREVISED CERTIFIED ENGLISH TRANSLATION]
Montréal, Quebec, December 5, 2011
PRESENT: The Honourable Mr. Justice Beaudry
BETWEEN:
FRITZNEL FRANÇOIS
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of the negative decision dated July 29, 2010, by the Refugee Protection Division of the Immigration and Refugee Board (the panel).
[2] The application for judicial review will be dismissed for the following reasons.
[3] Fritznel François (the applicant), a citizen of Haiti, fears that he will be persecuted if he were to return to his country, because he alleges that he was a member of the MOCHRENA political group from March 1997 to February 2000.
[4] He fled Haiti for the United States in 2000, where he filed a claim for asylum that was refused. The applicant travelled to Canada in May 2008 and claimed refugee protection in Canada.
[5] The panel found the applicant not to be credible by reason of his lack of knowledge of the MOCHRENA party, of which he claimed to have been a member for three years, and of the steps he took for his asylum claim in the United States.
[6] Moreover, the panel, citing Thirunavukkarasu v. Canada (Minister of Employment and Immigration) (C.A.), [1994] 1 F.C. 589, was also of the view that an internal flight alternative (IFA) was available to him, either in Jérémie or Les Cayes, cities that are far from Port-de-Paix, where the persecution took place.
[7] The standard of review in similar matters is reasonableness (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190).
[8] After reviewing the evidence, the transcript as well as the parties’ submissions, I believe that the reasons given by the panel with regard to the applicant’s lack of credibility are justified.
[9] Given the applicant’s vague and inaccurate answers about the MOCHRENA party, the panel was justified in finding that it did not believe his story.
[10] As to the possibility of an IFA, the panel correctly directed itself in law in applying the principles set out by the case law to the case that was before it. The applicant was given the opportunity to bolster his evidence and his personal situation was taken into consideration.
[11] It is not the function of the Court to re-weigh the evidence when the panel’s reasons and findings are supported by the evidence, as in the case at bar. This decision is very succinct. It could have included additional details, but it cannot be described as being unreasonable.
[12] The parties did not submit any question for certification and this matter does not contain any.
ORDER
THE COURT ORDERS that the application for judicial review be dismissed. No question is certified.
“Michel Beaudry”
Judge
Certified true translation
Sebastian Desbarats, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4692-10
STYLE OF CAUSE: FRITZNEL FRANÇOIS v. MCI
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 5, 2011
REASONS FOR ORDER
AND ORDER: BEAUDRY J.
DATED: April 5, 2011
APPEARANCES:
Claude Whalen
FOR THE APPLICANT
Diane Lemery
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Claude Whalen
Montréal, Quebec
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT