CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Mejia v. Canada (Minister of Citizenship and Immigration)
IMM-4645-02
2003 FC 1180, Tremblay-Lamer J.
10/10/03
6 pp.
Application for judicial review of Refugee Division decision applicant, her spouse and her children, all Peruvian citizens, not Convention refugees--Applicant's spouse contesting panel's findings separately--Applicant claims to have well-founded fear of persecution based on membership in particular social group, family, because of ties to husband, subject of persecution by Shining Path (SP), corrupt members of military and drug traffickers--Panel attached no credibility to principal applicant's testimony, concluding that in any case problems experienced had no connection to any of five grounds in Convention, but actually related to collusion between rebels, drug traffickers, and corrupt members of military--Application dismissed--Court recently considered similar situation in Stefanov v. Canada (Minister of Citizenship and Immigration), [2002] F.C.J. No. 954 (QL), in which applicant claimed refugee status because refused to alter software he had created in order to assist organized crime group to embezzle money--Therein, judge said that since evidence did not establish applicant's opposition to corruption based on political position which would engage machinery of state government, [] "the applicant's action on this isolated incident does not establish a political position rooted in political conviction"--Conclusions applicable in case at bar--Question of government protection only arises if claimant has first established connection between his or her fear and one of grounds in definition, which is not case here.