Muhammed v. Canada ( Minister of Employment and Immigration )
A-714-92
MacKay J.
12/8/93
5 pp.
Application to set aside determination of Refugee Division of Immigration and Refugee Board applicant not Convention refugee -- Applicant claiming to be shepherd from Sudan, without formal education except relating to Koran -- Claiming SPLA (insurgent force) kidnapped and held him and friends for one month after which they agreed, under duress, to train as SPLA troops -- After 5 days ran home -- Soldiers, whom he believed were SPLA, arrived at parents' home and shot both while he hid -- Fled to Egypt where encountered father's friend who arranged travel to Canada -- In assessing credibility, panel had difficulty believing applicant from Sudan, as well as several other aspects of story -- Applicant arguing several findings unreasonable in light of evidence and in absence of express finding on credibility of applicant as witness -- Submitting Court in as good position as panel to assess credibility of evidence based on Giron v. Minister of Employment and Immigration (1992), 143 N.R. 238 (F.C.A.), not yet reported, as evidence found implausible not with reference to internal inconsistencies or discrepancies, but to inferences drawn by panel -- Application dismissed -- Federal Court Act, s. 18.1(4)(d) providing in application for judicial review Court may grant relief where federal board, commission or tribunal basing decision or order on erroneous finding of fact made in perverse or capricious manner or without regard for material before it -- Not for Court to substitute its decision for tribunal's, especially where decision based on assessment of credibility -- Giron decided when jurisdiction of Court of Appeal, in dealing with appeals from Immigration and Refugee Board, including authority to make decision Board should have made, as well as to refer matter back for reconsideration -- While Court may have reached different conclusion on any aspect of applicant's story, panel's findings not unreasonable in light of evidence before it including documentary evidence, and reasonable inferences panel free to draw from evidence -- Findings not perverse, capricious or without regard to material before panel -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1(4)(d) (as enacted by S.C. 1990, c. 8, s. 4), 51.