[1995] 2 F.C. 211
IMM-6067-93
Amador Franciso Pena Casetellanos, Natalia Monsievich, Irina Alvarez Monsievich and Natalia Pena Monsievich (Applicants)
v.
The Solicitor General of Canada (Respondent)
Indexed as: Casetellanos v. Canada (Solicitor General) (T.D.)
Trial Division, Nadon J.—Toronto, September 27, 1994; Ottawa, January 20, 1995.
Citizenship and Immigration — Status in Canada — Convention refugees — Judicial review of CRDD decision denying refugee status to daughters of Convention refugee dismissed — Whether principle of family unity applies in determination of Convention refugee status in Canadian refugee law, and if so, whether applies to find daughters Convention refugees by reason of fact father, joined claimant, so found, certified question of general importance.
CERTIFICATION of question of general importance.
COUNSEL:
Stuart Beverley Scott for applicants.
Mark M. Persaud for respondent.
SOLICITORS:
Stuart Beverley Scott, Toronto, for applicants.
Deputy Attorney General of Canada for respondent.
The following are the reasons for order rendered in English by
Nadon J.: On December 15, 1994, I issued reasons for the order [[1995] 2 F.C. 190 which I proposed to make with respect to the judicial review applications of Natalia Monsievich, Irina Alvarez Monsievich and Natalia Pena Monsievich.
In my reasons for order I indicated that I would delay the issuance of my order until December 22, 1994, so as to enable the parties, should they so wish, to address me regarding the certification of a question of general importance.
In view of the short delay given to the parties, I gave instructions that my reasons for order be faxed to the parties. Unfortunately, my reasons for order did not reach the applicants’ counsel by December 22, 1994 as they were sent to him by registered mail only on December 19 or 20, 1994. In view of the foregoing, on December 22, 1994 I gave the parties until January 13, 1995, which delay I subsequently extended to January 18, 1995, to address me with respect to certification.
Counsel for the applicants submits that I should certify two (2) questions which, in his view, are of general importance. On January 16, 1995 counsel sent the following letter to the Registry for my attention.
I have enclosed a question of general importance which I request be certified.
Facts
The Refugee claims by a family of four were joined.
The male claimant is the husband of the female claimant and they are the parents of two dependant children. The Refugee Division found that he would suffer serious harm amounting to persecution in Cuba by reason of his political opinion and the panel determined that the male claimant is a Convention refugee.
The refugee Division also found that:
“The evidence presented at the hearing is not sufficient for the panel to conclude that the daughters of the male claimant would suffer treatment amounting to persecution, should they return to Cuba. Therefore, the panel determines that they are not Convention refugees by reason of their membership in a particular social group, namely their family.”
Question
Does the principle of family unity, as set out in the Handbook, apply in the determination of Convention refugees under Canadian refugee law?
If so:
1. Does the principle of family unity apply to find the two daughters Convention refugees by reason of the fact that their father, a joined claimant, was so found?
2. Does the principle of family unity apply where dependant children are found to be members of a particular social group and their father, upon whom they are dependant, is found to be a Convention refugee?
1. The Handbook for Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees Untied (sic) Nations High Commissioner for Refugees Geneva January 1988
Ch. VI paragraphs 181-8, pp. 43-4
Please refer this question to the Honourable Mr. Justice Nadon.
I would certify the following question:
Does the principle of family unity, as set out in the Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, United Nations High Commissioner for Refugees, Geneva, January 1988—Ch. VI paragraphs 181-188, at pages 43-44, apply in the determination of Convention refugees under Canadian refugee law?
and if so:
Does the principle of family unity apply to find the two daughters Convention refugees by reason of the fact that their father, a joined claimant, was so found?