Rafizade v. Canada (Minister of Citizenship and Immigration), (1995) 92 F.T.R. 55 (TD)

JudgeCullen, J.
CourtFederal Court (Canada)
Case DateMarch 02, 1995
JurisdictionCanada (Federal)
Citations(1995), 92 F.T.R. 55 (TD)

Rafizade v. Can. (M.C.I.) (1995), 92 F.T.R. 55 (TD)

MLB headnote and full text

Rahi Rafizade and Farid Rafizade (applicants) v. The Minister of Citizenship and Immigration (respondent)

(IMM-2570-94)

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

Federal Court of Canada

Trial Division

Cullen, J.

March 7, 1995.

Summary:

Rafizade, an Iranian, successfully claimed Convention refugee status on the basis of a well-founded fear of persecution in Iran. His two sons' applications (aged 11 and 14) were denied. The sons applied for judicial review.

The Federal Court of Canada, Trial Division, dismissed the application.

Aliens - Topic 1322

Admission - Refugees - Grounds - Wellfounded fear of persecution - Indirect persecution - Rafizade, an Iranian, successfully claimed Convention refugee status on the basis of a well-founded fear of persecution in Iran - His two sons' applications were denied - The sons applied for judicial review, alleging that the board erred by misconstruing the meaning of persecution and unduly restricting its scope - The Federal Court of Canada, Trial Division, dismissed the application where the only evidence the board heard respecting persecution of the boys was that they had their heads shaved at school - It was not unreasonable for the board to determine that this did not amount to "persecution or cumulative acts of harassment amounting to persecution" - See paragraphs 3 to 6 and 15 to 16.

Aliens - Topic 1322

Admission - Refugees - Grounds - Wellfounded fear of persecution - Indirect persecution - The Federal Court of Canada, Trial Division, per Cullen, J., reviewed the concept of indirect persecution and stated that s. 46.04 of the Immigration Act "embraces the principle of family unity in that it allows a person who has been determined to be a Convention refugee to apply to an immigration officer for the landing of that person and any dependants. ... Given Parliament's express intent to deal with family unity, ... I can see no justification for the development of a common law notion of indirect persecution to account for family unity situations not covered by this section" - See paragraphs 8 to 14.

Aliens - Topic 1331

Admission - Refugees - Evidence - Rafizade, an Iranian, successfully claimed Convention refugee status on the grounds of a well-founded fear of persecution in Iran - His two sons' applications were denied - The sons applied for judicial review, alleging that the board erred by misconstruing the evidence - Particularly, the sons alleged that board should have considered that the persecution directed against the father were also "persecutory acts" against them - The Federal Court of Canada, Trial Division, dismissed the application stating that persecution directed at the father was not evidence of persecution directed at the sons - See paragraphs 17 to 19.

Cases Noticed:

Bhatti v. Canada (Secretary of State) (1994), 84 F.T.R. 145 (T.D.), disagreed with [para. 8].

Casetellanos et al. v. Canada (Solicitor General) (1994), 89 F.T.R. 1 (T.D.), folld. [para. 8].

Pour-Shariati v. Minister of Employment and Immigration (1994), 89 F.T.R. 262 (T.D.), folld. [para. 8].

Ioda v. Minister of Employment and Immigration (1993), 65 F.T.R. 166 (T.D.), dist. [para. 15].

Cheung et al. v. Minister of Employment and Immigration, [1993] 2 F.C. 314; 153 N.R. 145 (F.C.A.), consd. [para. 17].

Saez v. Minister of Employment and Immigration (1993), 65 F.T.R. 317 (T.D.), consd. [para. 17].

Arguello-Garcia v. Minister of Employment and Immigration (1993), 70 F.T.R. 1 (T.D.), refd to. [para. 20].

Statutes Noticed:

Federal Court Rules, rule 1700 [para. 2].

Immigration Act, R.S.C. 1985, c. I-2, sect. 2(1) [para. 1]; sect. 46.04(1), sect. 46.04(3) [para. 12].

Counsel:

John P. Howorun, for the applicants;

Chico Korbee, for the respondent.

Solicitors of Record:

John P. Howorun, Toronto, Ontario, for the applicants;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on March 2, 1995, at Toronto, Ontario, before Cullen, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on March 7, 1995.

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6 practice notes
  • La Hoz et al. v. Canada (Minister of Citizenship and Immigration), 2005 FC 762
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • February 15, 2005
    ...General), [1995] 2 F.C. 190 ; 89 F.T.R. 1 (T.D.), refd to. [para. 47]. Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 (T.D.), refd to. [para. Montchak v. Canada (Minister of Citizenship and Immigration), [1999] F.T.R. Uned. 539 (T.D.), refd to. [para.......
  • Jawad v. Canada (Minister of Citizenship and Immigration), (2012) 417 F.T.R. 150 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • August 23, 2012
    ...and Immigration) (1996), 122 F.T.R. 150 (T.D.), refd to. [para. 11]. Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 (T.D.), refd to. [para. Musakanda et al. v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 883 ; 2007 FC 1300 , r......
  • Hashmat v. Canada (Minister of Citizenship and Immigration), (1997) 131 F.T.R. 28 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • May 7, 1997
    ...109 D.L.R.(4th) 682; 22 Imm. L.R.(2d) 241 (F.C.A.), refd to. [para. 5]. Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 (T.D.), refd to. [para. Bhatti et al. v. Canada (Secretary of State) (1994), 84 F.T.R. 145 (T.D.), refd to. [para. 9]. Casetellanos et al......
  • Bousaleh v. Canada (Citizenship and Immigration), 2018 FCA 143
    • Canada
    • Court of Appeal (Canada)
    • July 26, 2018
    ...purposes beyond that which parliament has determined to be appropriate” (Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 at para. 13 (F.C.T.D.); Nguyen at para. 15). [64] This is especially so considering that the legislature is presumed to have been aware ......
  • Request a trial to view additional results
6 cases
  • La Hoz et al. v. Canada (Minister of Citizenship and Immigration), 2005 FC 762
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • February 15, 2005
    ...General), [1995] 2 F.C. 190 ; 89 F.T.R. 1 (T.D.), refd to. [para. 47]. Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 (T.D.), refd to. [para. Montchak v. Canada (Minister of Citizenship and Immigration), [1999] F.T.R. Uned. 539 (T.D.), refd to. [para.......
  • Jawad v. Canada (Minister of Citizenship and Immigration), (2012) 417 F.T.R. 150 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • August 23, 2012
    ...and Immigration) (1996), 122 F.T.R. 150 (T.D.), refd to. [para. 11]. Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 (T.D.), refd to. [para. Musakanda et al. v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 883 ; 2007 FC 1300 , r......
  • Hashmat v. Canada (Minister of Citizenship and Immigration), (1997) 131 F.T.R. 28 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • May 7, 1997
    ...109 D.L.R.(4th) 682; 22 Imm. L.R.(2d) 241 (F.C.A.), refd to. [para. 5]. Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 (T.D.), refd to. [para. Bhatti et al. v. Canada (Secretary of State) (1994), 84 F.T.R. 145 (T.D.), refd to. [para. 9]. Casetellanos et al......
  • Bousaleh v. Canada (Citizenship and Immigration), 2018 FCA 143
    • Canada
    • Court of Appeal (Canada)
    • July 26, 2018
    ...purposes beyond that which parliament has determined to be appropriate” (Rafizade v. Canada (Minister of Citizenship and Immigration) (1995), 92 F.T.R. 55 at para. 13 (F.C.T.D.); Nguyen at para. 15). [64] This is especially so considering that the legislature is presumed to have been aware ......
  • Request a trial to view additional results

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