Date: 19990505
Docket: IMM-2027-98
MONTRÉAL, QUEBEC, THE 5th DAY OF MAY 1999
PRESENT: THE HONOURABLE MR. JUSTICE DENAULT
BETWEEN: MILAN BUBENCIK
KAMILA BUBENCIKOVA
KAMILA BUBENCIKOVA
Applicants
AND:
MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
O R D E R
The application for judicial review of the decision dated April 14, 1998 by the Convention Refugee Determination Division, which determined that the applicants are not Convention refugees, as defined in subsection 2(1) of the Immigration Act, is dismissed.
Pierre Denault
Judge
Certified true translation
M. Iveson
Date: 19990505
Docket: IMM-2027-98
Between:
MILAN BUBENCIK
KAMILA BUBENCIKOVA
KAMILA BUBENCIKOVA
Applicants
AND
MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER
DENAULT J.
[1] The applicants, Gypsies from the Czech Republic, are challenging a decision of the Refugee Division which refused to grant them the Convention refugee status they sought.
[2] Essentially, the applicants" challenge concerns the assessment of the evidence, which they feel was inadequate, and the weaknesses in the police protection for people of this nationality, and particularly during two incidents which occurred before they arrived in Canada in the summer of 1997, when the principal applicant was allegedly attacked by skinheads and later persecuted by the same group.
[3] As I stated at the end of the hearing, the applicants were not able to establish, first, that there was any error in the assessment of the principal applicant"s testimony and the documentary evidence which would warrant the intervention of the Court. With respect to the protection of the state provided by the police in the circumstances in which the applicants claim they were attacked, the Court can only find that this protection could no doubt have been more effective, but that under the circumstances, it was available, adequate, sufficient and moreover the applicants did not discharge the burden of establishing clear and convincing proof of the state"s inability to protect them (Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689).
[4] In the instant case, there is no serious question of general importance to certify for the purposes of an appeal.
[5] The instant application must accordingly be dismissed.
Pierre Denault
Judge
MONTRÉAL, QUEBEC
May 5, 1999
Certified true translation
M. Iveson
| Trial Division of |
| the Federal Court of Canada |
| Date: 19990505 |
| Docket: IMM-2027-98 |
| Between: |
| MILAN BUBENCIK |
| KAMILA BUBENCIKOVA |
| KAMILA BUBENCIKOVA |
| Applicants |
| AND |
| MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondent |
| REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO. : IMM-2027-98
STYLE OF CAUSE: MILAN BUBENCIK
KAMILA BUBENCIKOVA
KAMILA BUBENCIKOVA
Applicants
| AND |
| MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: May 4, 1999
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE DENAULT
DATED May 5, 1999
APPEARANCES:
Michael Dorey for the applicants
Odette Bouchard for the respondent
SOLICITORS OF RECORD:
Michael Dorey for the applicants
Montréal, Quebec
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec for the respondent