Chen v. Canada ( Minister of Citizenship and Immigration )
IMM-487-94
Richard J.
30/1/95
5 pp.
Judicial review of CRDD decision applicant not Convention refugee -- Applicant, Chinese citizen, claiming persecution based on political opinion, membership in particular social group (Chen clan) -- Majority of population in home village members of Ho clan -- Ho family strong supporters of communist government, with many family members holding positions in Public Security Bureau (PSB) -- Chen family Rightist because previous generations not joining Communist Party -- In 1990 applicant refusing to give to Ho clan family member one of his three parcels of land -- Next day arrested, detained, beaten -- Arrested, beaten in 1991 when resisting destruction of home by PSB officials, Ho family member, for refusing to pay fine for alleged breach of China's population control policy -- CRDD determining applicant's fear of persecution not well-founded because result of personal vendetta, not political opinion, membership in particular social group -- Further, disputes over private property not constituting persecution -- Finally, applicant not demonstrating state unable to protect him or unwilling to seek its protection -- CRDD's finding applicant believed problems might not have occurred had he surrendered land reasonably open to it -- Not asking itself wrong question when considered evidence -- Proper test for determining whether fear of persecution well-founded set out in Adjei v. Canada (Minister of Employment and Immigration), [1989] 2 F.C. 680 (C.A.): whether applicant establishing "good grounds" or "reasonable chance" for fearing persecution -- Refugee Division determining not good grounds for fearing persecution because being forced to give up land not persecution, but unfairness -- Within CRDD's expertise to determine harassment result of personal vendetta, not for one of Convention refugee definition reasons -- Although CRDD erred in application of test in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, error not fatal to decision -- According to Ward, Board may presume fear of persecution well-founded if applicant providing clear and convincing confirmation of state's inability to protect -- Operation of presumption predicated upon finding applicant having legitimate fear within meaning of definition -- Given CRDD's conclusion applicant's fear not based on any of grounds set out in definition but personal vendetta based on financial interest, presumption applicant's fear well-founded not applicable -- Application dismissed.