Shi v. Canada (Minister of Citizenship and Immigration)
Court headnote
Shi v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-03-01 Neutral citation 2001 FCT 133 File numbers IMM-1832-00 Decision Content Date: 20010301 Docket: IMM-1832-00 Neutral citation: 2001 FCT 133 BETWEEN: LIANJUN SHI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER HENEGHAN J. [1] Mr. Lianjun Shi (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Convention Refugee Determination Division (the "Board"). In its decision dated March 22, 2000 the Board determined that the Applicant is not a Convention refugee. [2] The Applicant is a citizen of the People's Republic of China. He entered Canada at Vancouver, British Columbia, on March 8, 1999, holding a Canadian Visitor's Visa. He allegedly came to Canada on a business trip. On March 22, 1999 the Applicant applied for refugee status on the grounds of fear of persecution by the government of China on the basis of his perceived political opinions and activities. [3] The Applicant testified before the Board. Oral reasons were delivered following the hearing. These reasons were later transcribed in writing. The Board rejected the Applicant's claim on the basis of credibility. [4] The Applicant now argues that the decision of the Board is flawed and raises the following issues: Did the tribunal err in failing to provide adequate reasons for its adverse findings of credibility? Did the tr…
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Shi v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-03-01 Neutral citation 2001 FCT 133 File numbers IMM-1832-00 Decision Content Date: 20010301 Docket: IMM-1832-00 Neutral citation: 2001 FCT 133 BETWEEN: LIANJUN SHI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER HENEGHAN J. [1] Mr. Lianjun Shi (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Convention Refugee Determination Division (the "Board"). In its decision dated March 22, 2000 the Board determined that the Applicant is not a Convention refugee. [2] The Applicant is a citizen of the People's Republic of China. He entered Canada at Vancouver, British Columbia, on March 8, 1999, holding a Canadian Visitor's Visa. He allegedly came to Canada on a business trip. On March 22, 1999 the Applicant applied for refugee status on the grounds of fear of persecution by the government of China on the basis of his perceived political opinions and activities. [3] The Applicant testified before the Board. Oral reasons were delivered following the hearing. These reasons were later transcribed in writing. The Board rejected the Applicant's claim on the basis of credibility. [4] The Applicant now argues that the decision of the Board is flawed and raises the following issues: Did the tribunal err in failing to provide adequate reasons for its adverse findings of credibility? Did the tribunal err in basing its decision on unreasonable speculation? [5] In my opinion, the arguments concerning the adequacy of the Board's reasons are misplaced. The Board found that the Applicant's evidence was not credible. There is sufficient evidence in the certified Tribunal Record to support that conclusion. [6] The Board directed its mind to the issue of risk of persecution should the Applicant be returned to China. It reached the conclusion that he did not. The Board's decision is supported not by speculation, but by the evidence. [7] It is inappropriate for the Court to interfere with findings of credibility made by the Board when there is evidence to support those findings; see Dhak v. Canada (Minister of Employment and Immigration) (January 26, 1998, 88-A-316.) ORDER [8] The application for judicial review is dismissed. [9] There is no question for certification arising from this application. "E. Heneghan" J.F.C.C. Toronto, Ontario March 1, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-1832-00 STYLE OF CAUSE: LIANJUN SHI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: WEDNESDAY, FEBRUARY 28, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER AND ORDER BY: HENEGHAN J. DATED: THURSDAY, MARCH 1, 2001 APPEARANCES BY: Ms. R. Senjule For the Applicant Mr. Stephen H. Gold For the Respondent SOLICITORS OF RECORD: Regina Senjule Barrister & Solicitor 410-45 Sheppard Ave. E North York, Ontario M2N 5W9 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010301 Docket: IMM-1832-00 Between: LIANJUN SHI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca