Barrera-Martinez v. Canada (Citizenship and Immigration)
Source text
Barrera-Martinez v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2010-02-19 Neutral citation 2010 FC 185 File numbers IMM-3773-09 Decision Content Federal Court Cour fédérale Date: 20100219 Docket: IMM-3773-09 Citation: 2010 FC 185 Toronto, Ontario, February 19, 2010 PRESENT: THE CHIEF JUSTICE BETWEEN: LUIS FERNANDO BARRERA-MARTINEZ Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The applicant is a citizen of Colombo. According to his refugee claim, his father was twice contacted by the FARC group for extortion purposes in January 2008. One month later, the applicant himself would have received death threats when he advised a FARC agent by telephone that he was unaware of his father’s whereabouts. In June 2008, the applicant sought refuge in Canada. [2] In my view, there is no reviewable error in the member’s negative credibility finding. It was open to him to question the veracity of the claim on the grounds that neither the applicant’s parents, prior to and after they moved to Bogota, nor his sister, who also lives in Bogota, had been contacted by FARC for over eighteen months. In the applicant’s own words in his personal information form: “It is commonly known that the FARC can find anyone and that they have also infiltrated the police”. [3] Despite his counsel’s thorough submissions, the applicant has failed to establish a reviewable error in the decision of the Refugee Prot…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Barrera-Martinez v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2010-02-19 Neutral citation 2010 FC 185 File numbers IMM-3773-09 Decision Content Federal Court Cour fédérale Date: 20100219 Docket: IMM-3773-09 Citation: 2010 FC 185 Toronto, Ontario, February 19, 2010 PRESENT: THE CHIEF JUSTICE BETWEEN: LUIS FERNANDO BARRERA-MARTINEZ Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The applicant is a citizen of Colombo. According to his refugee claim, his father was twice contacted by the FARC group for extortion purposes in January 2008. One month later, the applicant himself would have received death threats when he advised a FARC agent by telephone that he was unaware of his father’s whereabouts. In June 2008, the applicant sought refuge in Canada. [2] In my view, there is no reviewable error in the member’s negative credibility finding. It was open to him to question the veracity of the claim on the grounds that neither the applicant’s parents, prior to and after they moved to Bogota, nor his sister, who also lives in Bogota, had been contacted by FARC for over eighteen months. In the applicant’s own words in his personal information form: “It is commonly known that the FARC can find anyone and that they have also infiltrated the police”. [3] Despite his counsel’s thorough submissions, the applicant has failed to establish a reviewable error in the decision of the Refugee Protection Division. This application for judicial review must be dismissed. I agree with the parties that this proceeding presents no serious question for certification. JUDGMENT This application for judicial review is dismissed. “Allan Lutfy” Chief Justice FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-3773-09 STYLE OF CAUSE: LUIS FERNANDO BARRERA-MARTINEZ v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATES OF HEARING: February 18, 2010 REASONS FOR JUDGMENT AND JUDGMENT: LUTFY C.J. DATED: February 19, 2010 APPEARANCES: Douglas Lehrer FOR THE APPLICANT Neeta Logsetty FOR THE RESPONDENT SOLICITORS OF RECORD: Vandervennen Lehrer Toronto, Ontario FOR THE APPLICANT JOHN H. SIMS, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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