CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Li v. Canada (Minister of Citizenship and Immigration)
IMM-5611-01
2002 FCT 1166, Beaudry J.
8/11/02
6 pp.
Judicial review of Convention Refugee Determination Division of Immigration and Refugee Board (CRDD) decision determining applicant not Convention refugee--Applicant citizen of Republic of China--Arrived on Taiwanese fishing boat alleging boat caught fire near west coast of Vancouver Island--Applicant and fellow crew members escaped fire and boarded rafts and after six days, applicant arrived on Island--Applicant alleged CRDD used prior decision as template for decision at issue in present case and therefore defeated purposes of written reasons--Applicant stated if Court does not quash decision, result would allow CRDD to reduce process of refugee determination to process of fill-in-the-blanks justice--Reading of both decisions and of transcript of hearing of applicant's claim providing sufficient grounds to indicate findings made independently of each other, therefore, indicating credibility--Transcript of Board hearing also establishing Board did not err in finding applicant not credible--Applicant's story contained implausibilities not explained to Board's satisfaction--No ground justifying Court's intervention--Application dismissed.