Serrano et al. v. Canada (Minister of Citizenship and Immigration), (1999) 166 F.T.R. 227 (TD)

• Judge: Sharlow, J.
• Court: Federal Court (Canada)
• Case Date: Wednesday April 14, 1999
• Jurisdiction: Canada (Federal)
• Citations: (1999), 166 F.T.R. 227 (TD)

Serrano v. Can. (M.C.I.) (1999), 166 F.T.R. 227 (TD)

MLB headnote and full text

Temp. Cite: [1999] F.T.R. TBEd. MY.044

Roberto Flores Serrano, Flor Maria Clau Rios Romero, Haydee Flores Rios, Erica Flores Rios and Claudia Flores Rios (applicants) v. The Minister of Citizenship and Immigration (respondent)

(IMM-2787-98)

Indexed As: Serrano et al. v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

Sharlow, J.

April 27, 1999.

Summary:

Serrano and his wife, who were citizens of Mexico, applied for Convention refugee status based on fear of persecution because of their membership in a particular social group or political opinion. Serrano and his wife were denied refugee status. Serrano and his wife applied for judicial review, arguing that (1) they belonged to the social group of law abiding Mexican citizens and (2) the wife and children feared prosecution by being members of Serrano's family.

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

Aliens - Topic 1323.1

Admission - Refugees - "Particular social group" defined - Serrano and his wife, who were citizens of Mexico, were denied Convention refugee status based on fear of persecution because they were not mem­bers of a particular social group or political opinion - Serrano and his wife applied for judicial review, arguing, inter alia, that they belonged to the social group of law abiding Mexican citizens - The Federal Court of Canada, Trial Division, held that law abiding citizens of a country were not a "particular social group" - The court discussed the legal requirements of expand­ing the categories of "particular social group" - See paragraphs 15 to 27.

Aliens - Topic 1323.1

Admission - Refugees - "Particular social group" defined - Serrano and his wife, who were citizens of Mexico, were denied Convention refugee status based on fear of persecution because they were not mem­bers of a particular social group or political opinion - Serrano and his wife applied for judicial review, arguing, inter alia, that the wife and children, who feared prosecution by being members of Serrano's family, were a particular social group - The Feder­al Court of Canada, Trial Division, held that family connection was not an attribute requiring Convention protection, in the absence of an underlying Convention ground for the claimed persecution - The court discussed persons fearing persecution because of family connection in relation to "particular social group" - See paragraphs 28 to 43.

Cases Noticed:

Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689; 153 N.R. 321, consd. [para. 11].

Minister of Employment and Immigration v. Mayers (1992), 150 N.R. 60; 97 D.L.R.(4th) 729 (F.C.A.), refd to. [para. 12, footnote 2].

Cheung et al. v. Minister of Employment and Immigration, [1993] 2 F.C. 314; 153 N.R. 145 (F.C.A.), refd to. [para. 12, footnote 3].

Acosta, Re (1985), 19 I. & N. 211 (B.I.A.), refd to. [para. 12, footnote 4].

Chan v. Minister of Employment and Immigration, [1995] 3 S.C.R. 593; 187 N.R. 321, refd to. [para. 17].

Mason v. Canada (Secretary of State), [1995] F.C.J. No. 815 (T.D.), refd to. [para. 22].

Chan v. Minister of Employment and Immigration, [1993] 3 F.C. 675; 156 N.R. 279 (F.C.A.), affd. [1995] 3 S.C.R. 594; 187 N.R. 321, refd to. [para. 22, footnote 6].

A. et al. v. Minister of Immigration and Ethnic Affairs et al. (1997), 142 A.L.R. 331 (Aust. H.C.), refd to. [para. 23].

Calero et al. v. Minister of Employment and Immigration, [1994] F.C.J. No. 1159 (T.D.), refd to. [para. 24].

Cutuli et al. v. Minister of Employment and Immigration, [1994] F.C.J. No. 1156 (T.D.), refd to. [para. 25].

Suarez v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 1036 (T.D.), refd to. [para. 25].

Valderrama et al. v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 135 (T.D.), refd to. [para. 25].

Ministre de l'Emploi et de l'Immigration v. Bakhshi (1994), 190 N.R. 228 (F.C.A.), refd to. [para. 32].

Castellanos et al. v. Canada (Solicitor General of Canada), [1995] 2 F.C. 190; 89 F.T.R. 1 (T.D.), refd to. [para. 32].

Rodriguez et al. v. Canada (Ministre de la Citoyenneté et de l'Immigration) (1997), 141 F.T.R. 129 (T.D.), refd to. [para. 33].

Klinko et al. v. Canada (Minister of Citi­zenship and Immigration) (1998), 148 F.T.R. 69 (T.D.), refd to. [para. 33].

Rojas v. Minister of Employment and Immigration, [1995] F.C.J. No. 296 (F.C.A.), refd to. [para. 34].

Al-Busaidy v. Minister of Employment and Immigration (1992), 139 N.R. 208; 16 Imm. L.R.(2d) 119 (F.C.A.), refd to. [para. 36].

Hristova et al. v. Minister of Employment and Immigration (1994), 75 F.T.R. 18; 23 Imm. L.R.(2d) 278 (T.D.), refd to. [para. 36].

Pour-Shariati v. Minister of Employment and Immigration, [1995] 1 F.C. 767; 89 F.T.R. 262 (T.D.), affd. (1997), 215 N.R. 174 (F.C.A.), refd to. [para. 36, footnote 7].

Velasquez v. Canada (Minister of Citizen­ship and Immigration) (1994), 76 F.T.R. 210 (T.D.), refd to. [para. 36].

Counsel:

Charles R. Darwent, for the applicant;

Lorraine Neill, for the respondent.

Solicitors of Record:

Darwent Law Office, Calgary, Alberta, for the applicant;

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Calgary, Alberta, on April 14, 1999, before Sharlow, J., of the Federal Court of Canada, Trial Division, who delivered the following judg­ment on April 27, 1999, in Ottawa, Ontario.