CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention refugees |
Valère v. Canada (Minister of Citizenship and Immigration)
IMM-3747-00
2001 FCT 1200, Hansen J.
2/11/01
8 pp.
Application for judicial review of CRDD decision applicant not Convention refugee--Applicant, citizen of Haiti, alleging fear of persecution at hands of drug traffickers, corrupt police officers, or both acting in collusion--Alleging he was honest police officer in force filled with corruption--Alleging shot by drug dealers while trying to arrest them--Later allegedly warned by fellow police officers would be killed because of refusal to cooperate with drug dealers--Letter of complaint about conduct of fellow officers did not get response--Two honest police officers, friends of applicant, shot and killed-- Applicant allegedly warned would be next--Then decided to leave Haiti--CRDD concluded applicant would not face more than mere possibility of persecution should he return to Haiti --Applicant argued CRDD erred by failing to state in clear terms its reasons for doubting applicant's credibility; CRDD erred in finding that if threats made, not genuine threats but merely attempts at intimidation; and CRDD erred in law in reaching conclusion applicant's fear of persecution not well- founded--Application allowed--CRDD's reasoning with respect to lack of motive flawed: CRDD found that since opportunity existed, but nothing substantial happened, motive (to kill applicant) did not--Although harm stems from opportunity and motive, does not necessarily follow that absence of harm in circumstances where opportunity exists equates to absence of motive--While lack of motive in these circumstances plausible, fact applicant remained unharmed for period of three weeks insufficient by itself to take finding beyond mere conjecture--CRDD also concluded fact no harm came to applicant following threats undermined objective basis of fear of persecution--Well established that claimant not required to show past persecution in order to establish well-founded fear of persecution--CRDD failed to consider documentary evidence (with respect to problem of corruption within Haiti National Police and significant risk faced by police officers serving in force) in context of assessment of whether fear of persecution well-founded.