Garcia v. Canada ( Minister of Citizenship and Immigration )
IMM-444-98
Reed J.
5/8/98
7 pp.
Application to set aside CRDD decision refusing to find applicants Convention refugees-Male applicant claiming fear of persecution as member of social group (successful businessmen in Venezuela opposed to corruption and unwilling to pay bribes) and because of political opinions (belief in rule of law and opposition to corruption)-Application dismissed-La Forest J.'s dissenting opinion in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689 not establishing victims of extortion falling within Convention social group-Herein, group targeted for extortion including not only those opposed to corruption but also those not opposed to corruption and those who pay even though opposed-Persecutory acts (extortion) not directed solely or primarily at those opposed to corruption-No nexus between class subject of extortion and Convention social group-Evidentiary basis not supporting argument persecution arising because of opposition to corruption-Extortion visited on all successful business people targeted-Alleged persecutor not targeting applicant because opposed to corruption but because successful businessman with money-Little evidence corruption within government or otherwise officially condoned by government-Applicants herein reported only initial extortion demand to state authorities in Venezuela, but not resulting mistreatment arising from failure to meet demand-Implicit in CRDD decision finding applicants failed to demonstrate Venezuela could not protect them if given opportunity to do so-Above reasons apply to female applicant.