Selenica v. Canada (Minister of Citizenship and Immigration)

Selenica v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2005-04-27
Neutral citation
2005 FC 575
File numbers
IMM-3808-04
Decision Content
Date: 20050427
Docket: IMM-3808-04
Citation: 2005 FC 575
Toronto, Ontario, April 27th, 2005
Present: The Honourable Madam Justice Layden-Stevenson
BETWEEN:
BARDHYL SELENICA
DAROVI SELENICA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The applicants are husband and wife and are citizens of Albania. They seek judicial review of a decision of the Refugee Protection Division (RPD) of the Immigration and Refugee Board dated March 30, 2004, wherein the RPD determined that they are not Convention refugees or persons in need of protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA).
[2] Mr. Selenica claimed that his family's land was taken by the Communists in 1946. Following the collapse of the regime in 1991, the democratic government allegedly instructed people to reclaim their former properties. Mr. Selenica marked his land.
[3] The RPD defined the determinative issue as credibility, particularly regarding the ownership of land that was allegedly occupied by squatters. The board identified several inconsistencies in the evidence before concluding that the applicants' "allegation about their current ownership of the land was not credible and, as a result, their allegation about alleged beatings and threats because of a dispute over the land ownership was not credible either".
[4] Despite the articulate submissions of counsel for the applicants, I am not persuaded that the RPD erred in rejecting the claims.
[5] The board did not, as suggested by counsel, disbelieve that the husband had sustained injuries. Rather, it determined that the difficulties had not occurred as a result of land ownership as alleged. The finding was premised on both the documentary evidence as well as testimony at the hearing. A review of the transcript and the record reveals that the finding was reasonably open to the board. The property legislation in Albania is in draft form and until such time as it becomes law, it is not open to Mr. Selenica to assert ownership over land as he claimed to have done.
[6] No issue is taken with the various other credibility findings of the board. My intervention is not warranted. Counsel did not suggest a question for certification and none arises on these facts.
ORDER
THIS COURT ORDERS that the application for judicial review is dismissed.
"Carolyn Layden-Stevenson"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-3808-04
STYLE OF CAUSE: BARDHYL SELENICA
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MONDAY APRIL 25, 2005
REASONS FOR ORDER
AND ORDER BY: LAYDEN -STEVENSON, J.
DATED: APRIL 27, 2005SERVED
APPEARANCES BY:
S. Salvaterra FOR THE APPLICANTS
Michael Butterfield FOR THE RESPONDENT
SOLICITORS OF RECORD:
S. Salvaterra FOR THE APPLICANTS
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada