Klinko v. Canada ( Minister of Citizenship and Immigration )
IMM-2511-97
Rothstein J.
30/4/98
6 pp.
Judicial review of finding applicants not Convention refugees-Primary applicant one of group of Ukrainian businessmen filing formal complaint with regional governing authority about corruption in government-Thereafter primary applicant beaten, receiving anonymous telephone calls, suffering property damage, destruction, arrested-IRB characterizing primary applicant's problems as "persecution", but not for Convention refugee ground-Holding Ukraine, as state, not sanctioning, condoning or supporting corrupt conduct of officials-As such, complaint not political opinion-Evidence 9,000 officials convicted of economic crimes in 1996; President of Ukraine characterizing corruption as "fifth power", political force-Whether machinery of state, government or policy engaged when official corruption widespread-While conviction of 9,000 officials evidence of extent of corruption, also evidence state not sanctioning or condoning activity-In circumstances IRB not erring when found, on evidence, Ukraine not sanctioning, condoning or supporting, and therefore not engaged in criminal conduct of corrupt police, customs officials, and that therefore, primary applicant's complaint not political opinion within Convention refugee definition-Court should not interfere with finding businessmen not forming social group as supported by factual findings-When primary victim of persecution not within Convention refugee definition, any derivative Convention refugee claim based on family group cannot be sustained-Question certified: does making of public complaint about widespread corrupt conduct by customs, police officials to regional governing authority, and thereafter complainant suffering persecution on this account, when corrupt conduct not officially sanctioned, condoned or supported by state, constitute expression of political opinion as understood in definition of "Convention refugee" in Immigration Act, s. 2(1)?-Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) "Convention refugee" (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).