Date: 20121010
Docket: IMM-2997-12
Citation: 2012 FC 1184
[UNREVISED ENGLISH CERTIFIED TRANSLATION]
Montréal, Quebec, October 10, 2012
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
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NADIA LESLIE LA ROACH
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Applicant
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and
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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Respondent
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REASONS FOR JUDGMENT AND JUDGMENT
[1] This is a judgment as a result of an application for judicial review of a decision by the Refugee Protection Division (RPD) that the applicant was not a Convention refugee or a person in need of protection.
[2] The applicant told the story that, given the alleged sexual assault during her childhood, she fled her father when she left Saint Vincent and the Grenadines.
[3] The RPD analyzed the evidence that is also before the Federal Court and this same evidence shows that the applicant’s testimony and the written account are not plausible, given the context and the circumstances. The inherent logic of the RPD, which stems clearly from its decision, shows clearly and precisely a thorough consideration of the statements made by the applicant and also an analysis in accordance with Guideline No. 4 relating to women refugee claimants fearing gender-related persecution.
[4] The inconsistencies, ambiguity and implausibilities raised by the RPD, provide a basis (according to the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190) for dismissing the application for judicial review.
[5] Therefore, the applicant’s application for judicial review is dismissed.
JUDGMENT
THE COURT ORDERS that the applicant’s application for judicial review be dismissed. There is no question of general importance to certify.
“Michel M.J. Shore”
Judge
Certified true translation
Catherine Jones, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-2997-12
STYLE OF CAUSE: NADIA LESLIE LA ROACH c
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 10, 2012
REASONS FOR JUDGMENT
AND JUDGMENT: SHORE J.
DATED: October 10, 2012
APPEARANCES:
Ornella Saravalli
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FOR THE APPLICANT
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Pavol Janura |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
Ornella Saravalli Counsel Montréal, Quebec
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FOR THE APPLICANT
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Myles J. Kirvan Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT |