Hersi v. Canada ( Minister of Employment and Immigration )
92-A-6574
Joyal J.
5/5/93
4 pp.
Application to set aside decision of Convention Refugee Division, Immigration and Refugee Board refusing refugee status -- Applicant from Somalia -- As member of Midgan clan regarded as socially inferior and subject of discrimination and intimidation -- Refugee claim based on fear of persecution based on membership in social group i.e. clan -- Board concluding Somalia in state of civil war in which random violence, lawlessness playing large part -- Holding although Midgan clan members historically suffering discriminatory treatment as inferior group, no evidence applicants within definition of Convention refugee -- After noting state of civil war in country not bar to refugee claim (Salibian v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 250 (F.C.A.)), Board adopting view of Federal Court of Appeal in Rizkallah v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. D-32, refugee claimants must establish link between themselves and persecution for Convention reason -- Must be targeted for persecution in some way, either personally or collectively -- As claimants' fear felt by all Somalian citizens indiscriminately as consequence of civil war, grounds of persecution for reasons set out in definition of Convention refugee not met -- Application dismissed -- Applicants' own evidence speaking of general and indiscriminate shelling of cities and villages -- Members of various clans becoming victims, whether such clans otherwise regarded as friends or foes of assailants -- Ample evidence supporting Board's conclusion -- Immigration Act, R.S.C., 1985, c. I-2, s. 2.