Date: 19990505
Docket: IMM-1005-98
MONTRÉAL, QUEBEC, THE 5th DAY OF MAY 1999
PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
BETWEEN: PARFAIT MONGO
Applicant
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Application for judicial review of a decision dated February 19, 1998, in file number M97-01011, by Suzanne Gilbert and Danielle Debbas, members of the Immigration and Refugee Board, in accordance with section 82.1 of the Immigration Act.
O R D E R
The application for judicial review is dismissed.
Danièle Tremblay-Lamer
Judge
Certified true translation
M. Iveson
Date: 19990506
Docket: IMM-1005-98
Between:
PARFAIT MONGO
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
[1] This is an application for judicial review of a decision by the Immigration and Refugee Board (I.R.B.) that the applicant is not a Convention refugee.
[2] The applicant is a citizen of the Congo. He has been a member of the Parti congolais du travail (P.C.T.) [Congolese Workers' Party] since February 16, 1989.
[3] As appears from all of the facts on the record, the applicant's fear of persecution is primarily based on his political activity as a member of the P.C.T., which was no longer in power at that time and had not been in power since August 1992.
[4] In the instant case, the panel found that the applicant did not establish a well-founded fear of persecution, as the P.C.T. returned to power on October 25, 1997.
[5] The applicant submits that despite the fact his party took power, it was not proven that conditions had changed enough to support the existence of a significant change in circumstances which would remove his fear of persecution.
[6] I do not agree. As the applicant's affidavit indicates,[1]it appears that not only he, but also his father, brother and sister seem to have benefited a great deal from their political participation in the P.C.T. when it was in power under the same leader, General Denis Sassou Ngnésso. As the latter is in power again, it is clear that the applicant accordingly no longer has anything to fear; therefore, the panel properly found that his fear of persecution was no longer objectively justified.
[1] With regard to the application of subsection 2(3) of the Immigration Act,[2]in light of the test laid down in Shahid[3]and the lack of evidence of lasting psychological after-effects, the panel's findings are not at all unreasonable.
[2] The application for judicial review is dismissed.
[3] Neither counsel recommended that a question be certified.
Danièle Tremblay-Lamer
JUDGE
MONTRÉAL, QUEBEC
May 6, 1999.
Certified true translation
M. Iveson
Trial Division of
the Federal Court of Canada
Date: 19990506
Docket: IMM-1005-98
Between:
PARFAIT MONGO
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO. : IMM-1005-98
STYLE OF CAUSE: PARFAIT MONGO
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: May 5, 1999
REASONS FOR ORDER OF THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
DATED May 6, 1999
APPEARANCES:
Nathalie Leblanc for the applicant
Michel Joubert for the respondent
SOLICITORS OF RECORD:
Sabine Venturelli for the applicant
Montréal, Quebec
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec for the respondent