Campos v. Canada (Citizenship and Immigration), 2013 FC 882 (2013)

Parts:Campos v. Canada (Citizenship and Immigration)
Reporting Judge:The Honourable Mr. Justice Manson
Docket Number:IMM-7839-12
 
FREE EXCERPT

Federal Court - Campos v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc882/2013fc882.html

Date: 20130819

Docket: IMM-7839-12

Citation: 2013 FC 882

Ottawa , Ontario , August 19, 2013

PRESENT: The Honourable Mr. Justice Manson

BETWEEN:

ARNOLDO ALFREDO CAMPOS

DAISY MARGARITA BATRE DE CAMPOS

CHRISTOPHER MAURICIO CAMPOS BATRE (AKA CHRISTOPHER MAU CAMPOS BATRES)

ARNOLDO ALFREFO CAMPOS BATRES

JENNIFER MARGARITA CAMPOS BATRE

(AKA JENNIFER MARGAR CAMPOS BATRES)

LEOPOLDO MAURICIO CAMPOS RIVAS

(AKA LEOPOLDO MAURIC CAMPOS RIVAS)

Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application for judicial review of the decision of a member of the Refugee Protection Division of the Immigration and Refugee Protection Board [the Board], pursuant to subsection 72(1) of the Immigration and Refugee Protection Act , SC 2001, c 27 [the Act]. The Board dismissed the Applicants’ claims for refugee protection, concluding that they were not convention refugees or persons in need of protection under sections 96 and 97 of the Act.

I. Background

[2] The Applicants consist of Arnoldo Alfredo Campos [the PA], his wife and three children [the Family], and his brother [the PA’s Brother]. They are all citizens of El Salvador. The PA’s Brother’s claim is distinct from the collective claim of the PA and the PA’s Family.

[3] The PA, who was employed as a lawyer in El Salvador, alleges he was approached by Jesus Antonio Guzman Navarrete and his lawyer, Mr. Avelar, on April 27, 2010. Mr. Guzman wished to retain the PA’s services to obtain new identity documents. The PA claims in his Personal Information Form [PIF] narrative that he practiced criminal, family, labour, civil, commercial, transit and tenancy law. During the hearing, the PA produced a brochure for his practice which advertises immigration services. However, he claims in an affidavit dated August 31, 2012 that he does not practice immigration law, and the immigration services advertised concerned a colleague who worked in his office.

[4] The PA accepted a retainer of $1,000 from Mr. Guzman on April 27, 2010. The next day he commenced work on Mr. Guzman’s file. Two days later, he received a document from Mr. Avelar which indicated that Mr. Guzman had been detained on criminal charges. In his PIF narrative, the PA states that this document made him realize that Mr. Guzman was a member of a criminal gang.

[5] On June 30, 2010, Mr. Avelar telephoned the PA on behalf of Mr. Guzman. During that call, Mr. Avelar said that Mr. Guzman wished to cancel the retainer and have his money returned. The PA refused, and asked for Mr. Guzman to attend his office. Mr. Avelar hung up the phone. The same day, Mr. Avelar called back, and threatened consequences if the money was not repaid. Mr. Avelar also warned the PA that Mr. Guzman was a dangerous gang member. Under questioning by the Board, the PA stated that he tried three times to call Mr. Avelar back and offer to refund the money, but received no response. He does not describe these attempts in his PIF narrative.

[6] The PA alleges he received two threatening but unspecific text messages from an unknown number on July 6, 2010. On July 19, 2010, he received ten text messages directed specifically to him from a different unknown number, threatening to kill his secretary if $3,000 was not deposited to a specified bank account. He told no one about these text messages.

[7] On July 20, 2010, the PA received five more text messages from the same number as the day before. They re-iterated the request for money and threatened violence against his family. Later that day he told his wife and older children about the threats.

[7]

[8] On July 22, 2010, the PA received an additional text message threatening his family. It was at this point he decided to go to a special extortion unit of the El Salvadorian national police. He alleges that the police tried to call the number that had been sending him messages, but after the calls went unanswered they refused to open an investigation.

[9] On July 24, 2010, the PA returned and argued again for the police to open an investigation. They did so, issuing him a false identity...

To continue reading

REQUEST YOUR FREE TRIAL