Date: 20050811
Docket: IMM-8968-04
Citation: 2005 FC 1100
OTTAWA, Ontario, August 11th, 2005
Present: THE HONOURABLE MR. JUSTICE KELEN
BETWEEN:
MANUEL VERGARA JR.
(a.k.a. Manuel Reyes Vergara, Jr.)
LEONARA VERGARA
(a.k.a. Leonara Crave Vergara)
Applicants
and
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Protection Board dated October 5, 2004 in which the applicants were found not to be Convention refugees or persons in need of protection.
FACTS
[2] The applicants are husband and wife and citizens of the Philippines. They fear that if returned to the Philippines, they will be targeted and harmed by rebel groups. The male applicant alleges that during the early 1990s, a rebel muslim group known as "Abu-Sayaff" attempted to extort money from his parents who operated a small convenience store business. In 1992, the male applicant made an unofficial complaint to the police regarding the extortion attempt. He claims that the following year, while working in another province, he was shot by members of the Abu-Sayaff group as punishment for having made the report to the police. There were no further incidents following the shooting in 1993. The male applicant departed for Canada in 2001.
[3] The female applicant states that in October 2000, she commenced a beverage distribution business with her brother. In December 2000, her brother was forced to make an extortion payment to the New People's Army, the military arm of the Philippine Communist Party. In April 2002, the Abu-Sayaff group demanded a cash payment from the female applicant and warned her not to contact the police. She did not pay any money to the rebels. The group made no further demands of the female applicant and she departed for Canada in July 2002. Her brother continued to operate the business in the Philippines until 2003. During that time, he provided members of New People's Army with free beverages and inventory from the business when requested to do so.
THE DECISION
[4] The Board concluded that neither of the applicants had a well-founded fear of persecution in the Philippines. With respect to the male applicant, the Board noted that if members of the Abu-Sayaff group had wanted to harm him, it is likely that they would have approached him within the eight years before he left for Canada. With respect to the female applicant, the Board rejected her claim on the basis that she had not rebutted the presumption of state protection. It noted that while the New People's Army and Abu-Sayaff do engage in extortion and acts of violence, the documentary evidence establishes that the Philippine government is in effective control of its territories and is making serious efforts to combat the rebel groups.
[5] The Board's decision with respect to the male applicant was as follows:
The panel believes that the male claimant was shot in July 1993, but finds that the claimant did not provide satisfactory evidence that the shooting in Davao City, ten hours away from where his parents ran the convenience store, was connected to the rebels, and not just a random act of violence. The panel finds that there is nothing in the police report to indicate otherwise.
The panel notes that the male claimant indicated that he experienced no further incidents in the almost eight years from the shooting in 1993, until he came to Canada in 2001. The panel believes that if the claimant was actually on a rebel "hit list", they would have tried to approach him again in the eight years before he left for Canada, which they did not do.
[6] The Board's decision with respect to the female applicant was as follows:
The panel finds that the female claimant allegedly received one phone call in April 200[2], was never approached personally by the rebels, and she never reported any of the incidents or the alleged threatening phone calls to the authorities.
The panel finds that the claimant did not make any diligent or bona fide attempt to seek protection in their country o[f] origin before travelling abroad for asylum.
ANALYSIS
[7] The Court finds that the Board had a reasonable basis to conclude that the male applicant did not have a reasonable subjective or objective basis for fearing persecution under the Refugee Convention.
[8] The Court finds that the Board's decision that the female applicant does not have a well-founded fear of persecution is reasonable based on the evidence. First, the female applicant's brother continues to live in rebel controlled territory without incident. Second, the female applicant did not comply with the rebel's demand for money and suffered no consequence. The Board found that the female applicant only received one phone call from the rebels and was never approached again by the rebels.
[9] In view of the Court's conclusion, it is not necessary to address whether there is adequate state protection in the parts of the Philippines where the rebel groups operate. The Court acknowledges that selected excerpts from the documentary evidence show that the Abu-Sayaff group and New People's Army control parts of the Philippines, not the police. However, other evidence shows that the police, aided by the United States military, are trying to control the rebel and communist groups. The fact remains that neither applicant has established the evidence necessary to support either a subjective or objective fear of persecution.
[10] For these reasons, the application for judicial review must be dismissed. Neither party proposed a question of general importance for certification. None is certified.
ORDER
THIS COURT ORDERS THAT:
This application for judicial review is dismissed.
"Michael A. Kelen" _______________________________
JUDGE
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-8968-04
STYLE OF CAUSE: MANUEL VERGARA JR. ET AL
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: August 9, 2005
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: THE HONOURABLE MR. JUSTICE KELEN
DATED: August 11, 2005
APPEARANCES BY:
Belinda Bozinovski FOR THE APPLICANT
Bernard Assan FOR THE RESPONDENT
SOLICITORS OF RECORD:
Belinda Bozinovski
Immigration Assistance Centre
Toronto, Ontario FOR THE APPLICANT
John H. Sims Q.C
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
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