Zavala v. Canada (Minister of Citizenship and Immigration)

Zavala v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-04-16
Neutral citation
2002 FCT 435
File numbers
IMM-2891-01
Decision Content
Date: 20020416
Docket: IMM-2891-01
Montréal, Quebec, April 16, 2002
Before: Tremblay-Lamer J.
BETWEEN:
JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION
AND CITIZENSHIP
Defendant
Judicial review from a decision by the Refugee Division of the Immigration and Refugee Board, rendered by Sylvie Lévesque and Charles DeBlois on May 25, 2001, in cases MA0-08493, MA1-00702 and MA1-00703.
[Section 82.1 of Immigration Act]
ORDER
The application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20020416
Docket: IMM-2891-01
Neutral citation: 2002 FCT 435
Between:
JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION
AND CITIZENSHIP
Defendant
REASONS FOR ORDER
TREMBLAY-LAMER J.
[1] It is sufficient to note that in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, at 739, the Supreme Court of Canada set out three categories of social group:
(1) groups defined by an innate or unchangeable characteristic;
(2) groups whose members voluntarily associate for reasons so fundamental to their human dignity that they should not be forced to forsake the association; and
(3) groups associated by a former voluntary status, unalterable due to its historical permanence.
[2] Travelling merchants do not fall in any of these groups.
[3] In the case at bar, the plaintiffs feared criminal acts committed by private parties who had nothing to do with the government. Although such acts are regrettable, I feel that the tribunal made no error when it found that the fear was not connected to any of the grounds listed in the definition of a "Convention refugee".
[4] For these reasons, the application for judicial review is dismissed.
"Danièle Tremblay-Lamer"
Judge
MONTRÉAL, QUEBEC
April 16, 2002
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020416
Docket: IMM-2891-01
Between:
JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION
AND CITIZENSHIP
Defendant
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: IMM-2891-01
STYLE OF CAUSE: JOSÉ MANUEL ORTIZ ZAVALA,
SILVIA ANDRADE ORTIZ,
BRUNO ORTIZ ANDRADE
Plaintiffs
and
THE MINISTER OF IMMIGRATION AND CITIZENSHIP
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 16, 2002
REASONS FOR ORDER BY: TREMBLAY-LAMER J.
DATED: April 16, 2002
APPEARANCES:
Lenya Kalepdjian FOR THE PLAINTIFFS
Édith Savard FOR THE DEFENDANT
SOLICITORS OF RECORD:
Lenya Kalepdjian FOR THE PLAINTIFFS
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec