Date: 19991122
Docket: IMM-594-99
OTTAWA (ONTARIO), THIS 22nd DAY OF NOVEMBER 1999
PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
BETWEEN:
FRANCISCO JAVIE GARZA SANTANA
ALEJANDRA GARZA JUAREZ
CLAUDIA LETICIA GARZA JUAREZ
LETICIA JUAREZ DE GARZA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Application for judicial review of a decision rendered on December 29, 1998, by Raymond Boulet and Jean-Pierre Beauquier members of the Immigration and Refugee Board in file no.:M96-12677/12678/12679/12680 according to Section 82.1 of the Immigration Act.
O R D E R
The application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
JUDGE
Date: 19991122
Docket: IMM-594-99
BETWEEN:
FRANCISCO JAVIE GARZA SANTANA
ALEJANDRA GARZA JUAREZ
CLAUDIA LETICIA GARZA JUAREZ
LETICIA JUAREZ DE GARZA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
TREMBLAY-LAMER J.:
[1] This is an application for judicial review of a decision rendered on December 29, 1998 by the Convention Refugee Determination Division. The Board concluded that the applicants were not refugees as defined by the Convention.
[2] The applicants are Mexican. The father is sought by leaders of the CTM. These leaders are referred to in the applicant"s affidavit as union goons. The union goons want to protect Heriberto Reta from persecution. To do this, they want to force the applicant"s brother-in law to withdraw accusations he made against Reta.
[3] The applicant has received visits from union representatives who threatened him and his family. At a union meeting, his brother-in-law was stabbed and attacked, and the applicant was beaten up. In March of 1996, his brother-in-law was attacked again and went into hiding. The brother-in-law and his family fled to Canada in July 1996.
[4] The applicant continued to be harassed by union goons who were determined to find out the whereabouts of his brother-in-law. On July 9, 1996, the CTM declared a lockout against the applicant"s workshop. The CTM confiscated his tools and beat up the applicant. The applicant was forced to close down his business. He continued to receive death threats. Thus, the applicant and his family were forced to flee to his parent"s home outside Monterrey.
[5] The Board found the applicants" story not to be credible. It also noted that there was no nexus between their claims and the notion of a Convention refugee.
[6] I agree with the applicants" counsel that the conclusions drawn regarding the port of entry notes and the Red Cross certificate were insufficient to dismiss the applicants whole story and testimony as incredulous, implausible and unreasonable. The Board was clearly under an obligation to support its conclusions with reasons. Sufficient reasons were not provided in this case.
[7] However, as pointed out by the respondent, credible or not, the applicants have failed to demonstrate a well-founded fear of persecution related to one of the grounds defined in the Convention.
[8] The applicant fears union goons who were determined to find out the whereabouts of his brother-in-law. However, accepting that his story is true, it does not disclose a nexus to any ground set out in the Convention refugee definition. The facts as related by the applicants are akin to criminality and revenge from former government officials. Victims of personal vendetta do not constitute a particular social group within the meaning of the Convention.
[9] For these reasons, the application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
JUDGE
OTTAWA, ONTARIO
November 22, 1999.
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