Aguebor v. Ministre de l'Emploi et de l'Immigration, (1993) 160 N.R. 315 (FCA)

• Judge: Marceau, Desjardins and Décary, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: July 16, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 160 N.R. 315 (FCA)

Aguebor v. MEI (1993), 160 N.R. 315 (FCA)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Clement Aguebor (appelant) v. Le Ministre de l'Emploi et de l'Immigration (intimé)

(A-1116-91)

Indexed As: Aguebor v. Ministre de l'Emploi et de l'Immigration

Federal Court of Appeal

Marceau, Desjardins and

Décary, JJ.A.

July 16, 1993.

Summary:

An alien applied for Convention refugee status. The Refugee Division dismissed the application. The alien applied for judicial review.

The Federal Court of Appeal dismissed the application.

Aliens - Topic 1322

Admission - Refugees - Grounds - Well-founded fear of persecution - An alien claimed Convention refugee status - The Refugee Division dismissed the claim - The panel did not find the alien's "so-called participation in a failed coup d'état, nor the manner in which he fled the coun­try, to be plausible" - The alien applied for judicial review - The alien submitted that the decision of the Federal Court of Appeal in Giron v. M.E.I. (1992), 143 N.R. 238, meant that judicial review could be obtained more easily when the original decision was based on a finding of im­plausibility - The Federal Court of Appeal dismissed the application.

Aliens - Topic 1322

Admission - Refugees - Grounds - Well-founded fear of persecution - An alien was denied Convention refugee status because his story was implausible - The alien applied for judicial review citing the decision of the Federal Court of Appeal in Giron v. M.E.I. (1992), 143 N.R. 238 - The Federal Court of Appeal, in dismissing the application, stated that "[i]n Giron, the court merely observed that in the area of plausibility, the unreasonableness of a decision may be more palpable, and so more easily identifiable, since the account appears on the face of the record. In our opinion, Giron in no way reduces the burden that rests on an appellant, of show­ing that the inferences drawn by the Refu­gee Division could not easily have been drawn" - See paragraph 4.

Aliens - Topic 1323.4

Admission - Refugees - Credible basis for claim - [See second Aliens - Topic 1322 ].

Aliens - Topic 1335

Admission - Refugees - Appeals - Grounds - [See second Aliens - Topic 1322 ].

Cases Noticed:

Giron v. Minister of Employment and Immigration (1992), 143 N.R. 238 (F.C.A.), consd. [para. 2].

Counsel:

Denis Buron, for the appellant;

Sylviane Roy, for the respondent.

Solicitors of Record:

Saint-Oierre, Buron & Associés, Montreal, Quebec, for the appellant;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Montreal, Quebec, on July 16, 1993, by Marceau, Desjardins and Décary, JJ.A., of the Federal Court of Appeal. The decision of the Court of Appeal was delivered orally by Décary, J.A., on the same date.