Rafizade v. Canada ( Minister of Citizenship and Immigration )
IMM-2570-94
Cullen J.
7/3/95
9 pp.
Application for judicial review of Refugee Division (Board) decision applicants not refugees -- Applicants, citizens of Iran, both minors and brothers -- Father, designated representative, giving evidence at hearing -- Board granting Convention refugee status to father but not to applicants -- Review of recent decisions regarding law on "dependent claims" or "indirect persecution" -- Bhatti v. Canada (Secretary of State) (1994), 84 F.T.R. 145 (F.C.T.D.) holding: (1) concept of indirect persecution premised on assumption family members likely to suffer great harm by persecution of close relatives; (2) such harm may manifest itself by loss of victims' economic and social support or by psychological trauma associated with witnessing suffering of loved ones; (3) indirect persecution allowing granting of status to those otherwise unable to individually prove well-founded fear of prosecution -- Two following decisions specifically disagreeing with such position -- Casetellanos v. Canada (Solicitor General), [1995] 2 F.C. 190 (T.D.) distinguishing between family unit, membership in particular group (family) and indirect persecutions; and concluding statutory definition of Convention refugee excluding family unity and indirect persecution concepts -- Pour-Shariati v. Canada (Minister of Employment and Immigration), [1995] 1 F.C. 767 (T.D.) distinguishing concept of family unity from that of membership in particular social group; and concluding Bhatti approach to indirect persecution unjustifiably broadening Convention refugee basis to include persons not having well-founded fear of persecution in their own right -- Principles of family unity and indirect persecution not elements of Canadian refugee law -- Given Parliament's express intent to deal with family unity elsewhere in statute, no justification for development of common law notion of indirect persecution to account for family unity situations not covered in those relevant sections -- Not Court's role to expand scope of family for immigration purposes beyond that which Parliament has determined to be appropriate -- Applicant alleging Board failing to consider meaning of persecution on cumulative grounds -- With respect to cumulative acts, Ioda v. Minister of Employment and Immigration (1993), 65 F.T.R. 166 (F.C.T.D.) holding persecution may be found in actions directed against members of applicant's family; however, Ioda not finding persecution suffered by family member amounting to cumulative persecution of applicant -- Board conclusion, particular incident not amounting to persecution or cumulative acts of harassment amounting to persecution, not unreasonable -- Application dismissed.