CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kandot v. Canada (Minister of Citizenship and Immigration)
IMM-5858-02
2003 FC 1275, Beaudry J.
31/10/03
11 pp.
Judicial review of Refugee Division decision applicant did not qualify as "Convention refugee" under Immigration and Refugee Protection Act, s. 96 or as "person in need of protection" under s. 97--Applicant claimed well-founded fear of persecution for political opinions and membership in particular social group and exposed to risk of being subject to torture and threat to life or risk of cruel and unusual treatment or punishment--Panel concluded truthfulness of certain facts alleged by applicant not established--Question whether panel erred in unfairly discounting applicant's credibility regardless of evidence and testimony--Application dismissed--Panel properly based conclusions on discrepancies between applicant's testimony, statement at point of entry, personal information form and documentary evidence--Also not patently unreasonable for panel to conclude fact applicant destroyed passport used and air ticket deprived panel of information that could have confirmed or negated applicant's allegations about route to Canada--Panel made no patently unreasonable error in determining applicant's credibility-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97.