CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Flores v. Canada (Minister of Citizenship and Immigration)
IMM-445-02
2002 FCT 893, Dawson J.
20/8/02
7 pp.
Judicial review of CRDD's decision applicants not Convention refugees--Applicants, citizens of Mexico, claim well-founded fear of persecution in Mexico due to perceived political opinions, being family members of person perceived to be supporter of Zapatistas-- CRDD found applicants credible, trustworthy, but not accepting they had nexus to Convention ground as agents of persecution found to be corrupt members of military, not Mexican military itself-- Applicants thus found to be victims of criminality-- Application allowed--Minister conceding applicants not randomly targeted by military authorities: initially targeted due to relationship with member of family perceived to have ties to Zapatistas--As matter of law, sufficient nexus to sustain claim to Convention refugee status may be established where motivation for persecution mixed, but at least partially related to Convention ground-- Application of principles stated in Shahiraj v. Canada (Minister of Citizenship and Immigration) (2001), 205 F.T.R. 199 (F.C.T.D.): not for Board to base its determination as to whether or not claimant established nexus to Convention on subjective belief of alleged persecutors themselves; nothing turns on applicant's opinion as to subjective beliefs of alleged persecutors; evidence merely opinion evidence--In simply relying upon applicants' speculation as to motivation for their persecution, CRDD failed to refer to or analyse documentary evidence before it to effect state officials in Mexico known to assert false charges of weapon, drug trafficking in attempt to prosecute Zapatistas--Therefore, in failing to analyse documentary evidence as relevant to applicants' testimony, in relying upon applicants' speculation as to subjective belief of alleged persecutors, in failing to consider that motive for persecutory conduct could be mixed, CRDD erred in reaching its conclusion as to nexus--Error justifying allowing application for judicial review.