Federal Court Decisions

Date: 20010403

Docket: IMM-1968-00

Neutral Citation: 2001 FCT 289

BETWEEN:

                             ALEJANDRO LUNA CORREA

                             ROBERTO VARGAS ESCUTIA

                                                                                       Applicants

                                               - and -

         THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                     Respondent

                       REASONS FOR ORDER AND ORDER

TREMBLAY-LAMER J.:

[1]    In spite of the argument of counsel for the applicant, I find that the Board clearly and unequivocally determined the applicants not to be credible, and, in the course of so doing, offered detailed reasons for its decision citing implausibilities and inconsistencies in the applicants' evidence which concerned central aspects of their claim. I am satisfied that the credibility findings were based upon the evidence and that the inferences that the panel drew were reasonable. Concerning Ms. Hernandez's testimony, I do not accept the argument that the Board ignored the evidence. Given that the witness's knowledge of the central elements of the applicants' claim was based solely on what they told her, I am satisfied that it was not unreasonable for the Board to acknowledge her testimony but not to give it any weight.

[2]    In light of the lack of credibility of the applicants, I do not need to address the question of state protection.

[3]    The application for judicial review is dismissed.

                                                                 "Danièle Tremblay-Lamer"

JUDGE

OTTAWA, ONTARIO

April 3, 2001.