Gonulcan v. Canada (Minister of Citizenship and Immigration)
Court headnote
Gonulcan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-18 Neutral citation 2004 FC 392 File numbers IMM-209-03 Decision Content Date: 20040318 Docket: IMM-209-03 Citation: 2004 FC 392 BETWEEN: ALI GONULCAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J.: [1] This is an application for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board (the IRB), dated December 13, 2002, that the applicant is not a "Convention Refugee" or a "person in need of protection" within the meaning of sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act). [2] Ali Gönülcan (the applicant) is a citizen of Turkey and he alleges that he has a well-founded fear of persecution because of his Kurdish ethnicity and his Alevi religion. [3] This is a case where the IRB determined that the applicant is not a Convention refugee or a "person in need of protection" because he is not credible. This finding of a lack of credibility is based on contradictions and inconsistencies which are generally well confirmed by the evidence and which are significant. In this respect, notwithstanding an error that is not determinative by the IRB in designating the particular café to which the applicant returned, I believe, after hearing the parties' counsel and reviewing the record, that it was not patently unreason…
Read full judgment
Gonulcan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-18 Neutral citation 2004 FC 392 File numbers IMM-209-03 Decision Content Date: 20040318 Docket: IMM-209-03 Citation: 2004 FC 392 BETWEEN: ALI GONULCAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J.: [1] This is an application for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board (the IRB), dated December 13, 2002, that the applicant is not a "Convention Refugee" or a "person in need of protection" within the meaning of sections 96 and 97, respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act). [2] Ali Gönülcan (the applicant) is a citizen of Turkey and he alleges that he has a well-founded fear of persecution because of his Kurdish ethnicity and his Alevi religion. [3] This is a case where the IRB determined that the applicant is not a Convention refugee or a "person in need of protection" because he is not credible. This finding of a lack of credibility is based on contradictions and inconsistencies which are generally well confirmed by the evidence and which are significant. In this respect, notwithstanding an error that is not determinative by the IRB in designating the particular café to which the applicant returned, I believe, after hearing the parties' counsel and reviewing the record, that it was not patently unreasonable for this specialized tribunal to find as it did. [4] Such an applicant, rightly found to be not credible, at the very least, has not established the subjective fear and the need for personal protection required in order to be considered a Convention refugee or a "person in need of protection" within the meaning of sections 96 and 97, respectively, of the Act. In like circumstances, the IRB may find against a refugee claimant or a person in need of protection without having to consider his objective fear of persecution or the need to extend protection to individuals, other than himself, from his country of origin. [5] For these reasons, the application for judicial review is dismissed. "Yvon Pinard" JUDGE OTTAWA, ONTARIO March 18, 2004 Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-209-03 STYLE OF CAUSE: ALI GONULCAN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 10, 2004 REASONS FOR ORDER BY: Pinard J. DATE OF REASONS: March 18, 2004 APPEARANCES: Michel Le Brun FOR THE APPLICANT Michel Pépin FOR THE RESPONDENT SOLICITORS OF RECORD: Michel Le Brun FOR THE APPLICANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca