CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Palomares v. Canada (Minister of Citizenship and Immigration)
IMM-933-99
Pelletier J.
2/6/00
7 pp.
Judicial review of CRDD's decision applicant not Convention refugee--Fled Venezuela after witnessing murder in circumstances suggesting involvement of Venezuelan military--Applicant claims brother beaten and father murdered as result of her knowledge and cooperation in investigation--CRDD found applicant not persecuted for grounds provided in Convention, but victim of unrelated criminal activity--Application dismissed--No evidence treatment to which applicant subjected because of membership in group--On contrary, object of violence because of very personal characteristic: ability to give evidence--Furthermore, no issue of association for reasons "fundamental to human dignity" in her conduct--Case similar to Rangel Bercerra v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 275 (F.C.T.D.); Valderrama v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 135 (F.C.T.D.)--Evidence submitted by applicant not sufficient to establish nexus between murder and state persecution--CRDD's determination not unreasonable--Applicant's situation like that of applicants in Garcia v. Canada (Minister of Citizenship and Immigration) (1999), 163 F.T.R. 144 (F.C.T.D.) and Mehrabani v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 427--When exercising discretion under Act, Minister may wish to consider fact applicant not Convention refugee not meaning applicant not at risk if returns home.