Date: 19990429
Docket: IMM-3630-98
Ottawa, Ontario, April 29, 1999
Before: Pinard J.
Between:
DEL CARMEN RAMOS ROBLES,
Applicant,
- and -
THE MINISTER,
Defendant.
ORDER
The application for judicial review from the decision rendered on June 23, 1998 by the Convention Refugee Determination Division, determining that the applicant is not a Convention refugee, is dismissed.
| YVON PINARD JUDGE |
Certified true translation
Bernard Olivier, LL. B.
Date: 19990429
Docket: IMM-3630-98
Between:
DEL CARMEN RAMOS ROBLES,
Applicant,
- and -
THE MINISTER,
Defendant.
REASONS FOR ORDER
PINARD J.
[1] The application for judicial review is from a decision rendered on June 23, 1998 by the Convention Refugee Determination Division determining that the applicant is not a Convention refugee.
[2] In its decision the tribunal said the following:
| [TRANSLATION] |
| The tribunal put to the claimant the fact that since July 6, 1997 the documentation shows in A-71 that half the population of Mexico is now led by opposition parties, especially in the federal district, where the democratic revolutionary party (DRP) is bringing a new breath of democracy to Mexico. The claimant could take refuge there. |
| The claimant stated that her boss would pursue her there. |
| The tribunal cannot believe this statement as in the federal district power belongs to the opposition, which could surely protect her. |
| Equally, the fact that the claimant took two and a half months before seeking refuge in Canada indicates a low level of fear of persecution. |
_____________________
| 1 A-7: Press clipping "attached". |
[3] Though the decision could have been more elaborate, especially as to the applicant's personal situation regarding the question of internal refuge and her delay in seeking refuge in Canada, it does clearly indicate the reasons the claim was dismissed, reasons which appear to the Court to be supported by the evidence, which it must assume was considered as a whole.
[4] In the factual context shown to exist, the emergence of a new breath of democracy in Mexico, especially in the federal district, a fear by the claimant which really seems to me to have become a fear of personal vengeance by the managers of the business where she was working, and her claim for refuge in Canada made some two and half months after arriving here, I do not feel justified in intervening. I was not persuaded that the Convention Refugee Determination Division, which is a specialized tribunal, could not reasonably have concluded in the circumstances of the case at bar that there was no reasonable fear of persecution in the federal district in Mexico.
[5] The application for judicial review is accordingly dismissed.
| YVON PINARD JUDGE |
OTTAWA, ONTARIO
April 29, 1999
Certified true translation
Bernard Olivier, LL. B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: IMM-3630-98 |
| STYLE OF CAUSE: DEL CARMEN RAMOS ROBLES |
v.
THE MINISTER
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: MARCH 26, 1999
REASONS FOR ORDER BY: PINARD J.
DATED: MARCH 29, 1999
APPEARANCES:
| DENIS BURON FOR THE APPLICANT |
| CLAUDE PROVENCHER FOR THE RESPONDENT |
STEVE BELL
SOLICITORS OF RECORD:
DENIS BURON FOR THE APPLICANT
MONTRÉAL, QUEBEC
MORRIS ROSENBERG FOR THE RESPONDENT
DEPUTY ATTORNEY GENERAL
OF CANADA