Ngouabi v. Canada (Minister of Citizenship and Immigration)
Court headnote
Ngouabi v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-01-15 Neutral citation 2004 FC 59 File numbers IMM-3356-03 Decision Content Date: 20040115 Docket: IMM -3356-03 Citation: 2004 FC 59 CALGARY, Alberta, Thursday, the 15th day of January, 2004. PRESENT: THE HONOURABLE MR. JUSTICE von FINCKENSTEIN BETWEEN: PASCAL NGOUABI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered Orally from the Bench and Subsequently Written and Edited for Clarification and Precision) [1] The Board considered the medical evidence regarding Post Traumatic Stress Disorder and recognized that it may affect a person's cognitive ability. It however found that in this case the discrepancies in the testimony could not be attributed to PTSD. As long as such finding is not patently unreasonable it is up to the Board to weigh medical evidence and draw appropriate conclusion. (See Baines v. MCI [2002] F.C.J. No 85). [2] The Board cited numerous instances of inconsistency and discrepancy and on that basis it found the testimony not to be plausible. It is the Board's function to assess plausibility, (See Gonzales v. MCI [1999] F.C.J. No 805). [3] None of the findings of the Board are patently unreasonable and the entirety of the findings supports the determination of implausibility. [4] Accordingly there are no grounds to vacate the decision of the Board. ORDER IT IS HEREBY ORDERED that: This applic…
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Ngouabi v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-01-15 Neutral citation 2004 FC 59 File numbers IMM-3356-03 Decision Content Date: 20040115 Docket: IMM -3356-03 Citation: 2004 FC 59 CALGARY, Alberta, Thursday, the 15th day of January, 2004. PRESENT: THE HONOURABLE MR. JUSTICE von FINCKENSTEIN BETWEEN: PASCAL NGOUABI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (Delivered Orally from the Bench and Subsequently Written and Edited for Clarification and Precision) [1] The Board considered the medical evidence regarding Post Traumatic Stress Disorder and recognized that it may affect a person's cognitive ability. It however found that in this case the discrepancies in the testimony could not be attributed to PTSD. As long as such finding is not patently unreasonable it is up to the Board to weigh medical evidence and draw appropriate conclusion. (See Baines v. MCI [2002] F.C.J. No 85). [2] The Board cited numerous instances of inconsistency and discrepancy and on that basis it found the testimony not to be plausible. It is the Board's function to assess plausibility, (See Gonzales v. MCI [1999] F.C.J. No 805). [3] None of the findings of the Board are patently unreasonable and the entirety of the findings supports the determination of implausibility. [4] Accordingly there are no grounds to vacate the decision of the Board. ORDER IT IS HEREBY ORDERED that: This application is dismissed. "K. von Finckenstein" J. F. C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3356-03 STYLE OF CAUSE: Pascal Ngouabi v. The Minister of Citizenship and Immigration PLACE OF HEARING: CALGARY, Alberta DATE OF HEARING: January 15, 2004 REASONS FOR ORDER AND ORDER : von FINCKENSTEIN, J. DATED: January 15, 2004 APPEARANCES: Ms. Lorna K. Gladman FOR APPLICANT Ms. Carrie Sharpe FOR RESPONDENT SOLICITORS OF RECORD: Ms. Lorna K. Gladman Calgary, Alberta FOR APPLICANT Morris Rosenberg Deputy Attorney General of Canada FOR RESPONDENT
Source: decisions.fct-cf.gc.ca