Date: 20030626
Docket: IMM-3643-02
Citation: 2003 FCT 793
Toronto, Ontario, June 26th, 2003
Present: The Honourable Madam Justice Simpson
BETWEEN:
RODOLFO RODRIGUEZ CARRANZA
MARINA GONZALEZ DE RODRIGUEZ
KAROL RODRIGUEZ GONZALEZ
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Upon the Applicants' application for judicial review (the "Application") of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") dated July 17, 2002 in which the Board concluded that the Applicants were not convention refugees (the "Decision").
[2] And upon reviewing the file and hearing the submissions of counsel for both parties in Toronto on Tuesday, June 24, 2003.
[3] And upon noting that the Applicants' claim to refugee status depended on the fact that between January and May of 2000, an investigation into corruption was held at the Autonomous University of Taumalipas (the "University") in Mexico.
[4] And upon being advised of the Applicants' submission that the Board erred when it based its Decision on a negative credibility finding triggered by the Applicants' evidence that President Fox of Mexico initiated an investigation into the conduct of the Rector of the University in January of 2000.
[5] And upon noting that this evidence could not have been truthful because Vicente Fox was not elected until July 2000.
[6] And upon being satisfied that the Board correctly concluded, based on the documentary evidence, that no investigation at the University was held at anyone's instigation in the relevant period and that the Board's focus on the involvement of President Fox rather than on the existence of an investigation, was therefore not a material error.
[7] And upon being advised that no question is posed for certification.
ORDER
NOW THEREFORE THIS COURT ORDERS that the Application is hereby
dismissed.
"Sandra J. Simpson"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3643-02
STYLE OF CAUSE: RODOLFO RODRIGUEZ CARRANZA
MARINA GONZALEZ DE RODRIGUEZ
KAROL RODRIGUEZ GONZALEZ
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 24, 2003
REASONS FOR ORDER
AND ORDER BY: SIMPSON J.
DATED: JUNE 26, 2003
APPEARANCES: Mr. Paul VanderVennen
For the Applicants
Mr. Michael Butterfield
For the Respondent
SOLICITORS OF RECORD: VanderVennen Lehrer
Barristers and Solicitors
Toronto, Ontario
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030626
Docket: IMM-3643-02
BETWEEN:
RODOLFO RODRIGUEZ CARRANZA
MARINA GONZALEZ DE RODRIGUEZ
KAROL RODRIGUEZ GONZALEZ
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER