Date: 19990907
Docket: IMM-6254-98
Between:
ZOUBIDA BOUGHERARA NIMOUR
FERIEL SAKINA BOUGHERARA and
JONIED SIRHAN BOUGHERARA
Applicants
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
DENAULT J.
1 The very able representations of counsel for the applicant and her children have not convinced the Court of the need to intervene to quash the Refugee Division decision refusing to grant these citizens of Algeria the refugee status they were seeking.
2 It is up to refugee claimants to show that subjectively and objectively, they fear persecution for reasons, inter alia, of membership in a particular social group or political opinion if required to return to their country.
3 In the case at bar, the evidence in the record shows that after leaving her position as a flight attendant in Algeria, the applicant spent three years in Qatar with her children and husband, who was working there, returned to Algeria more than once, made a number of trips to the Arab Emirates and in particular to England, where she failed to claim refugee status, and finally, when she came to Canada on vacation with her children, put off claiming refugee status.
4 Under the circumstances, it was not unreasonable for the Convention Refugee Determination Division to find that the applicant had not established the subjective aspect of her fear of persecution.
ORDER
The application for judicial review is dismissed.
PIERRE DENAULT
Judge
Ottawa, Ontario
September 7, 1999
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-6254-98
STYLE OF CAUSE: ZOUBIDA BOUGHERARA NIMOUR ET AL.
v.
MCI
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: SEPTEMBER 2, 1999
REASONS FOR ORDER AND ORDER OF THE HONOURABLE MR. JUSTICE DENAULT
DATED SEPTEMBER 7, 1999
APPEARANCES:
STEWART ISTVANFFY FOR THE APPLICANTS
LUCIE ST-PIERRE FOR THE RESPONDENT
SOLICITORS OF RECORD:
STEWART ISTVANFFY FOR THE APPLICANTS
LUCIE ST-PIERRE
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada