Karpounin v. Canada ( Minister of Employment and Immigration )
IMM-7368-93
Jerome A.C.J.
10/3/95
5 pp.
Application to set aside decision of Immigration and Refugee Board applicant not Convention refugee -- Applicant, citizen of Ukraine, claiming refugee status on basis of well-founded fear of persecution by reason of religion, political opinion, membership in particular social group -- Underground criminal organization, White Lotus, extorting money from applicant -- Applicant unable or unwilling to seek protection of authorities in Ukraine -- Board finding applicant had well-founded fear of persecution but could not demonstrate link between persecution claimed and grounds enumerated in definition of Convention refugee -- Applicant's difficulties not flowing from refusal to assist KGB but "because he had a lot of money" -- State complicity not sufficient to ground claim of Convention refugee status where complicity unrelated to one of grounds in Convention refugee definition -- Reason claimant target of White Lotus size of bank account, not choice of occupation or state of conscience -- Applicant attempting to invoke broad interpretation of "social group" rejected by Supreme Court of Canada in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689-Refusal to bow to extortion, status as financially successful person in Ukraine not putting applicant in particular social group-Board not erring in law by misconstruing meanings of "political opinion" or "membership in particular social group" as applying to applicant's case -- Application dismissed.