Date: 20021203
Docket: IMM-30-02
Montréal, Quebec, December 3, 2002
Before: Tremblay-Lamer J.
BETWEEN:
HECTOR ROBERTO ALEGRIA ALTAMIRANO
Plaintiff
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
Application for judicial review from decision by Immigration and Refugee Board (I.R.B.) on December 18, 2001, by member Anna-Maria Silvestri in case MA1-04904.
[Section 82.1 of Immigration Act]
ORDER
The application for judicial review is dismissed.
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"Danièle Tremblay-Lamer"
Judge
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20021203
Docket: IMM-30-02
Neutral citation: 2002 FCT 1252
BETWEEN:
HECTOR ROBERTO ALEGRIA ALTAMIRANO
Plaintiff
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER
TREMBLAY-LAMER J.
[1] This is an application for judicial review from a decision by the Refugee Division of the Immigration and Refugee Board ("the tribunal") that the plaintiff is not a Convention refugee.
[2] The plaintiff, a citizen of Mexico, alleged that he had a valid fear of persecution because of problems with a former mayor who was supposedly involved in conversion of public funds and unjust enrichment.
[3] The tribunal dismissed the plaintiff's claim on the ground that the alleged fear had no connection with any of the grounds specified in the Convention.
[4] The definition of a Convention refugee indicates that a claimant must establish a fear of persecution for one of the five following grounds, namely race, nationality, religion, membership in a particular social group and political opinions.
[5] The question of determining whether there is a connection between the alleged fear of persecution and one of the Convention grounds is a question of fact which is a matter for the expertise of the tribunal (Mia v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 120).
[6] In the case at bar, the tribunal found that there was no connection between the persecution of the plaintiff and one of the five grounds mentioned in the Convention definition, because the plaintiff was in fact a victim of personal vengeance. The earlier decisions of this Court have established that a fear of personal vengeance is not a fear of persecution within the meaning of the Convention (Marincas v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 1254; Bhuiyan v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1281).
[7] There is thus no basis for intervention by this Court.
[8] The application for judicial review is accordingly dismissed.
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"Danièle Tremblay-Lamer"
Judge
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Montréal, Quebec
December 3, 2002
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20021203
Docket: IMM-30-02
Between:
HECTOR ROBERTO ALEGRIA ALTAMIRANO
Plaintiff
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: IMM-30-02
STYLE OF CAUSE: HECTOR ROBERTO ALEGRIA ALTAMIRANO
Plaintiff
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 3, 2002
REASONS FOR ORDER: TREMBLAY-LAMER J.
DATE OF REASONS: December 3, 2002
APPEARANCES:
Manuel Centurion FOR THE PLAINTIFF
Thi My Dung Tran FOR THE DEFENDANT
SOLICITORS OF RECORD:
Manuel Centurion FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec
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