Date: 20020416
Docket: IMM-2891-01
Montréal, Quebec, April 16, 2002
Before: Tremblay-Lamer J.
BETWEEN:
JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION
AND CITIZENSHIP
Defendant
Judicial review from a decision by the Refugee Division of the Immigration and Refugee Board, rendered by Sylvie Lévesque and Charles DeBlois on May 25, 2001, in cases MA0-08493, MA1-00702 and MA1-00703.
[Section 82.1 of Immigration Act]
ORDER
The application for judicial review is dismissed.
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"Danièle Tremblay-Lamer"
Judge |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20020416
Docket: IMM-2891-01
Neutral citation: 2002 FCT 435
Between:
JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION
AND CITIZENSHIP
Defendant
REASONS FOR ORDER
TREMBLAY-LAMER J.
[1] It is sufficient to note that in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, at 739, the Supreme Court of Canada set out three categories of social group:
(1) groups defined by an innate or unchangeable characteristic;
(2) groups whose members voluntarily associate for reasons so fundamental to their human dignity that they should not be forced to forsake the association; and
(3) groups associated by a former voluntary status, unalterable due to its historical permanence.
[2] Travelling merchants do not fall in any of these groups.
[3] In the case at bar, the plaintiffs feared criminal acts committed by private parties who had nothing to do with the government. Although such acts are regrettable, I feel that the tribunal made no error when it found that the fear was not connected to any of the grounds listed in the definition of a "Convention refugee".
[4] For these reasons, the application for judicial review is dismissed.
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"Danièle Tremblay-Lamer"
Judge |
MONTRÉAL, QUEBEC
April 16, 2002
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA TRIAL DIVISION
Date: 20020416
Docket: IMM-2891-01
Between: JOSÉ MANUEL ORTIZ ZAVALA, SILVIA ANDRADE ORTIZ, BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION AND CITIZENSHIP
Defendant
REASONS FOR ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: IMM-2891-01
STYLE OF CAUSE: JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION AND CITIZENSHIP
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 16, 2002
REASONS FOR ORDER BY: TREMBLAY-LAMER J.
DATED: April 16, 2002
APPEARANCES:
Lenya Kalepdjian FOR THE PLAINTIFFS
Édith Savard FOR THE DEFENDANT
SOLICITORS OF RECORD:
Lenya Kalepdjian FOR THE PLAINTIFFS
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec