Magusic v. Canada (Minister of Citizenship and Immigration), (2014) 462 F.T.R. 156 (FC)

JudgeRoy, J.
CourtFederal Court (Canada)
Case DateAugust 25, 2014
JurisdictionCanada (Federal)
Citations(2014), 462 F.T.R. 156 (FC);2014 FC 823

Magusic v. Can. (M.C.I.) (2014), 462 F.T.R. 156 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] F.T.R. TBEd. SE.001

Klara Magusic, Zeliko Magusic and Robert Magusic (applicants) v. The Minister of Citizenship and Immigration Canada (respondent)

(IMM-7124-13; 2014 FC 823; 2014 CF 823)

Indexed As: Magusic v. Canada (Minister of Citizenship and Immigration)

Federal Court

Roy, J.

August 27, 2014.

Summary:

The applicants, citizens of Croatia, claimed refugee protection. The Refugee Protection Division denied the claim. The applicants applied for judicial review.

The Federal Court dismissed the application.

Aliens - Topic 1323.2

Admission - Refugee protection, Convention refugees and persons in need of protection - Persecution - Protection of country of nationality or citizenship (internal flight alternative) - The applicants, citizens of Croatia, lived in a village with a population of about 600 - The principal applicant alleged that her family suffered discrimination and persecution because she was of Slovenian ethnicity - The Refugee Protection Division (RPD) denied the applicants' refugee claim, finding that they failed to rebut the presumption that they had an internal flight alternative (IFA) in Zagreb, the capital of Croatia - The Federal Court dismissed the applicants' application for judicial review - The RPD applied the correct legal test concerning an IFA, and the decision appeared to be reasonable - Although there was a lack of articulation as to why Zagreb would constitute an IFA, and the RPD on a few occasions referred to the principal applicant as being of Slovak rather than Slovenian ethnicity, these did not constitute reviewable errors - The documentary evidence discussed at length the general treatment of minorities - There was no evidence that the situation of Croat citizens of Slovenian ethnicity was any worse than that of other minorities such as Slovaks - Where the applicants came from a village of 600 people, it was reasonable to expect that they would move within their own country before seeking refuge outside.

Aliens - Topic 1326.4

Admission - Refugee protection, Convention refugees and persons in need of protection - Refugee Protection Division and Refugee Appeal Division - Reasons - [See Aliens - Topic 1323.2 ].

Aliens - Topic 1335

Admission - Refugee protection, Convention refugees and persons in need of protection - Appeals or judicial review - Grounds - [See Aliens - Topic 1323.2 ].

Cases Noticed:

Leon Jimenez et al. v. Canada (Minister of Citizenship and Immigration), [2014] F.T.R. Uned. 328; 2014 FC 780, refd to. [para. 5].

Sandoval Aramburo v. Canada (Minister of Citizenship and Immigration), [2013] F.T.R. Uned. 475; 2013 FC 984, refd to. [para. 5].

Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689; 153 N.R. 321, refd to. [para. 10].

Kanagaratnam v. Minister of Employment and Immigration (1996), 194 N.R. 46 (F.C.A.), refd to. [para. 11].

Thirunavukkarasu v. Minister of Employment and Immigration, [1994] 1 F.C. 589; 163 N.R. 232 (F.C.A.), refd to. [para. 12].

Rasaratnam v. Minister of Employment and Immigration (1991), 140 N.R. 138 (F.C.A.), refd to. [para. 13].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 14].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 424 N.R. 220; 2011 SCC 62, refd to. [para. 18].

Counsel:

Eric Freedman, for the applicants;

Guillaume Bigaouette and Patricia Nobl, for the respondent.

Solicitors of Record:

Brownstein, Brownstein and Associates, Montreal, Quebec, for the applicants;

William F. Pentney, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent.

This application for judicial review was heard at Montreal, Quebec, on August 25, 2014, before Roy, J., of the Federal Court, who delivered the following judgment on August 27, 2014.

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3 practice notes
  • Molnar c. Canada (Citoyenneté et Immigration),
    • Canada
    • Federal Court (Canada)
    • March 23, 2015
    ...which may be determined regardless of whether the person remains in Canada or not (Magusic v. Canada (Citizenship and Immigration), 2014 FC 823 (Magusic), at paragraph 10, July 22, 2014 (unreported)).[25] The difficulty arises when an applicant has been removed to his or her country of nati......
  • Harvan v. Canada (Minister of Citizenship and Immigration), [2015] F.T.R. Uned. 409
    • Canada
    • Federal Court (Canada)
    • August 28, 2015
    ...San Vincente Freitas v Canada (Citizenship and Immigration), [1999] 2 F.C. 432 at para 29; Magusic v Canada (Citizenship and Immigration), 2014 FC 823 [ Magusic ]; Thamotharampillai v Canada (Solicitor General ), 2005 FC 756 at para 16). [12] I note that in Magusic at para 4, the Court refu......
  • Kazeem v. Canada (Citizenship and Immigration), 2020 FC 185
    • Canada
    • Federal Court (Canada)
    • January 31, 2020
    ...[20] The Respondent submits that an IFA is determinative of a refugee application (Magusic v Canada (Citizenship and Immigration), 2014 FC 823 at para 16 (“Magusic”)) and the suggestion that an IFA assessment could be irrelevant ignores that a claim for refugee protection cannot succeed whe......
3 cases
  • Molnar c. Canada (Citoyenneté et Immigration),
    • Canada
    • Federal Court (Canada)
    • March 23, 2015
    ...which may be determined regardless of whether the person remains in Canada or not (Magusic v. Canada (Citizenship and Immigration), 2014 FC 823 (Magusic), at paragraph 10, July 22, 2014 (unreported)).[25] The difficulty arises when an applicant has been removed to his or her country of nati......
  • Harvan v. Canada (Minister of Citizenship and Immigration), [2015] F.T.R. Uned. 409
    • Canada
    • Federal Court (Canada)
    • August 28, 2015
    ...San Vincente Freitas v Canada (Citizenship and Immigration), [1999] 2 F.C. 432 at para 29; Magusic v Canada (Citizenship and Immigration), 2014 FC 823 [ Magusic ]; Thamotharampillai v Canada (Solicitor General ), 2005 FC 756 at para 16). [12] I note that in Magusic at para 4, the Court refu......
  • Kazeem v. Canada (Citizenship and Immigration), 2020 FC 185
    • Canada
    • Federal Court (Canada)
    • January 31, 2020
    ...[20] The Respondent submits that an IFA is determinative of a refugee application (Magusic v Canada (Citizenship and Immigration), 2014 FC 823 at para 16 (“Magusic”)) and the suggestion that an IFA assessment could be irrelevant ignores that a claim for refugee protection cannot succeed whe......

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