CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Nxumalo v. Canada (Minister of Citizenship and Immigration)
IMM-2244-02
2003 FCT 413, Noël J.
8/4/03
8 pp.
Judicial review of decision of Convention Refugee Determination Division of Immigration and Refugee Board (Board) wherein applicant refused Convention refugee status--Applicant claimed refugee status by reason of political opinions--Applicant alleged to be member of union affiliated with Zimbabwe Congress of Trade Union (ZCTU) and in September 1999, applicant joined Movement for Democratic Change (MDC)--Applicant became active in municipal level Youth Committee--Applicant alleged worked on behalf of MDC in 2000 parliamentary elections and in September 2001 municipal elections--Applicant claimed problems started in August 2001 (detained and tortured by persons believed to be secret agents for government)--Board concluded applicant's evidence overall "lacked credibility and trustworthiness"-- Conclusion based on numerous inconsistencies between applicant's testimony, personal information form (PIF), and point of entry notes, as well as on implausibilities in story--Applicant alleged (i) Board wrongly evaluated credibility; (ii) story highly consistent with known facts about situation in Zimbabwe today and objective situation not considered by Board; and, (iii) removal from Canada would violate Charter and other international instruments-- Regarding first argument, applicant has not demonstrated conclusions patently unreasonable--Supportive evidence existed for each credibility finding except for last one-- Concerning second argument, evidence related to country not sufficient to demonstrate well-founded fear; objective and subjective components of fear absolutely necessary--Board concluded applicant's behaviour demonstrated lack of subjective fear therefore, determination of objective fear in Zimbabwe unnecessary--As to third arguments, only jurisdiction of Board to determine whether or not claimant refugee according to Convention--Board having no jurisdiction to apply international instruments alleged by applicant--Application dismissed--Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].