Ccanto v. Canada ( Minister of Employment and Immigration )
T-2689-92
Cullen J.
7/2/94
10 pp.
Application for judicial review of Credible Basis Tribunal decision no credible basis to Convention refugee claim -- Applicant citizen of Peru -- Claim based on political opinion, membership in particular social group -- After reporting corruption, employment terminated -- Slandered as member of terrorist group -- Later arrested, detained, beaten -- Released upon family's intervention -- Obtained passport upon paying bribe -- Travelled to Italy via Canada -- Stayed in Italy for five months without making refugee claim because not feeling secure there -- After arrival in Canada not making refugee claim until well after visitor's visa expired -- Tribunal finding applicant's evidence not trustworthy -- Applicant's evidence followed, watched in Italy found to be "speculative, self-serving, based on no credible evidence" -- Although feared for family's safety in Peru, family had travelled to and from Italy in previous year without difficulty -- Applicant renewed passport while in Canada without difficulty -- Tribunal holding applicant exaggerated evidence and changed it on questioning -- Finding testimony so untrustworthy that lack of credibility affecting entire claim -- No credible evidence upon which Refugee Division might determine him to be Convention refugee -- Application dismissed -- Adjudicator fulfilling duty to satisfy self applicant could adequately express himself through interpreter -- Two-part test for assessing credible basis of refugee claim: (1) whether any credible evidence; (2) given presence of some credible evidence, might refugee Division after full hearing determine applicant to be Convention refugee: Sloley v. Canada (Minister of Employment & Immigration) (1990), 9 Imm. L.R. (2d) 241 (F.C.A.) -- Tribunal correctly stated, applied test -- Open to Tribunal to believe or disbelieve what applicant said and to assess and weigh evidence before it with respect to credibility -- Open to Tribunal to find applicant lacking credibility despite not disbelieving everything said, and finding no credible basis for claim, but obliged to express any negative finding of credibility in clear, unmistakable terms -- Tribunal outlining what parts of applicant's testimony not believed -- Although not contradicting testimony with other evidence, given totality of evidence and inferences therefrom, Tribunal having reason not to believe testimony (delay in claiming refugee status, worry about family, concern about safety in Italy, personal appearance to obtain passport) -- Subjective fear not supported by evidence as demonstrated by movement from one country to another without applying for refugee status, waiting several months before applying in Canada -- Immigration Act, R.S.C., 1985, c. I-2, s. 46.01 (as enacted by R.S.C., 1985, (4th Supp.), c. 28, s. 14).