CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Gonzalez v. Canada (Minister of Citizenship and Immigration)
IMM-1092-01
2002 FCT 345, Dawson J.
27/3/02
11 pp.
Judicial review of CRDD's decision applicant not Convention refugee--First applicant citizen of Guatemala, second applicant her daughter--First applicant lived with parents, daughter in Guatemala--Parents well-off by Guatemalan standards--In October 1999 first applicant kidnapped, held for ransom, but escaped after five days-- Kidnappers contacted father, who had not paid ransom, threatened harm to first applicant--Applicants came to Canada in February 2000--CRDD holding kidnappers agents of persecution; their motivation criminal--Finding no nexus between harm feared and Convention ground--Applicants asserting relationship to her parents, or membership in particular social group i.e. immediate family, putting her at risk--Arguing unchangeable characteristic, appropriate social group within test articulated in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689--Application dismissed--Court consistently holding victims of crime not, by virtue of that fact, members of particular social group--Consideration of scope of term "particular social group" in definition of "Convention refugee" beginning with Ward, wherein basic principles identified--Chan v. Canada (Minister of Employment and Immigration), [1995] 3 S.C.R. 593 confirming themes of defence of human rights, anti-discrimination remaining paramount considerations in determining claimant's membership in particular social group --Klinko v. Canada (Minister of Citizenship and Immigration) (1998), 148 F.T.R. 69 (F.C.T.D.) holding when primary victim of persecution not within Convention refugee definition, any derivative Convention refugee claim based on family group cannot be sustained--Serrano v. Canada (Minister of Citizenship and Immigration) (1999), 166 F.T.R. 227 (F.C.T.D.) holding family connection not attribute requiring Convention protection, in absence of underlying Convention ground for claimed persecution--Klinko, Serrano applied--Family connection by itself not within anti-discrimination objectives of Convention--CRDD correctly concluding first applicant, as member of family group, not Convention refugee if family not targeted for Convention reason--Question certified: Can refugee claim succeed on basis of well-founded fear of persecution for reason of membership in particular social group that is family, if family member who is principal target of persecution not subject to persecution for Convention reason?