Date: 20010102
Docket: IMM-2059-00
OTTAWA, ONTARIO, JANUARY 2, 2001
BEFORE: J.E. DUBÉ J.
BETWEEN:
MOHAN SINGH MAVI
RAJINDER KAUR MAVI
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
ORDER
The application for judicial review is dismissed.
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Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010102
Docket: IMM-2059-00
BETWEEN:
MOHAN SINGH MAVI
RAJINDER KAUR MAVI
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
REASONS FOR ORDER
DUBÉ J.
[1] This judicial review is from a decision of the Refugee Division of the Immigration Board ("the Refugee Division") on August 27, 1999 that the plaintiffs are not Convention refugees.
[2] The plaintiffs, a husband and wife, are nationals of India and originally from the Punjab. They alleged that their problem was connected with the fact that they helped a leader of the Alkali Dal Party (Badal), Ravinder Singh, who lived in their village. They said Ravinder Singh mistreated one of his employees, Karnail Singh, and the latter swore vengeance and threatened everyone who helped Ravinder Singh, including the male plaintiff, who in December 1993 helped him in the harvest with his tractor. According to their testimony, the plaintiffs were detained, questioned and tortured and the wife was raped.
[3] The Refugee Division accorded the plaintiffs no credibility and explained why in its very detailed reasons. It noted the contradictions in their testimony, their omissions, their behaviour at the hearing and the improbability of their accounts. It gave in clear and unambiguous terms the reasons why it doubted the truth of the plaintiffs' testimony.
[4] A careful review of the transcript of testimony filed at the hearing indicates that the plaintiffs, represented by their counsel, had an opportunity to respond to all the questions put by the tribunal. It appeared that the Refugee Division made certain minor and inconsequential errors in its conclusion that the plaintiffs lacked credibility. The transcript confirmed that the tribunal's findings were entirely reasonable and not vitiated by palpable or overriding errors which could have undermined its assessment of the facts.
[5] It is well established that it is the Refugee Division's function to assess the evidence and determine the credibility of witnesses. It is not for the Court to impose its own conclusions regarding the probability of testimony. After all, it is the Refugee Division which is in a position to consider whether the witnesses are spontaneous, their hesitations or reticence, and their attitude and behaviour before the tribunal. Unless there is obvious error this Court should not impose its views in this area.
[6] This application for judicial review must accordingly be dismissed.
[7] In my opinion, there is no question of general importance to be certified.
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Judge |
OTTAWA, Ontario
January 2, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: IMM-2059-00
STYLE OF CAUSE: MOHAN SINGH MAVI and RAJINDER KAUR MAVI v. MCI
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: December 19, 2000
REASONS FOR ORDER BY: DUBÉ J.
DATED: January 2, 2001
APPEARANCES:
Michel Le Brun FOR THE PLAINTIFF
Michel Pépin FOR THE DEFENDANT
SOLICITORS OF RECORD:
Michel Le Brun FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada