Yoli v. Canada (Minister of Citizenship and Immigration), (2002) 226 F.T.R. 48 (TD)

JudgeRouleau, J.
CourtFederal Court (Canada)
Case DateDecember 10, 2002
JurisdictionCanada (Federal)
Citations(2002), 226 F.T.R. 48 (TD)

Yoli v. Can. (M.C.I.) (2002), 226 F.T.R. 48 (TD)

MLB headnote and full text

Temp. Cite: [2003] F.T.R. TBEd. JA.016

Hernan Dario Yoli (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-399-02; 2002 FCT 1329)

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

Federal Court of Canada

Trial Division

Rouleau, J.

December 30, 2002.

Summary:

Yoli had been a member of a "soccer fan club", which was engaged in criminal activities. Yoli witnessed shootings and left the "club". Yoli submitted that he was continually threatened that he and his family would be killed if he spoke to police. Yoli fled Argentina and claimed Convention refugee status on the ground of fear of persecution based on political opinion. The Convention Refugee Determination Division denied the claim. There was no nexus between Yoli's fear of a criminal gang and any of the enumerated grounds in the Convention refugee definition. Yoli sought judicial review.

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

Aliens - Topic 1322

Admission - Refugees - Grounds - Well-founded fear of persecution - [See Aliens - Topic 1323.8 ].

Aliens - Topic 1323.8

Admission - Refugees - "Political opinion" defined - Yoli disassociated himself with a criminal gang after refusing to engage in their criminal activities and having witnessed two murders - Yoli was threatened with death if he spoke with police - It was public knowledge that the gang had some ties with corrupt politicians and police officers - Yoli claimed Convention refugee status on the ground of a fear of persecution based on political opinion - The CRDD denied the claim, finding that a fear of reprisal from a criminal gang, arising from having witnessed murders, had no nexus with expression of a "political opinion" - The Federal Court of Canada, Trial Division, held that the CRDD's decision was not unreasonable - The court stated that "refusing to participate in criminal activity, witnessing and/or reporting a crime have generally been found by this court not to be in and of themselves expressions of political opinion attracting Convention refugee protection. ... [Yoli] has not established that his opposition to [the gang's] activities was based on a political opinion, even if the machinery of state government was somehow 'engaged'" - See paragraphs 1 to 42.

Cases Noticed:

De Arce v. Canada (Minister of Citizenship and Immigration) (1995), 103 F.T.R. 72; 32 Imm. L.R.(2d) 74 (T.D.), refd to. [para. 11].

Garcia v. Canada (Minister of Citizenship and Immigration) (1999), 163 F.T.R. 144 (T.D.), refd to. [para. 11].

Klinko v. Canada (Minister of Citizenship and Immigration), [2000] 3 F.C. 327; 251 N.R. 388 (F.C.A.), refd to. [para. 11].

De La Torre v. Canada (Minister of Citizenship and Immigration), [2001] F.T.R. Uned. 185 (T.D.), refd to. [para. 12].

Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689; 153 N.R. 321, dist. [para. 20].

Mia v. Canada (Minister of Citizenship and Immigration), [2000] F.T.R. Uned. 75 (T.D.), refd to. [para. 23].

Marvin v. Canada (Minister of Citizenship and Immigration), [1995] F.C.J. No. 38 (T.D.), refd to. [para. 27].

Serrano v. Canada (Minister of Citizenship and Immigration) (1999), 166 F.T.R. 227 (T.D.), refd to. [para. 27].

Bencic v. Canada (Minister of Citizenship and Immigration), [2002] F.T.R. Uned. 287 (T.D.), refd to. [para. 27].

Mehrabani v. Canada (Minister of Citizenship and Immigration), [1998] F.T.R. Uned. 172 (T.D.), refd to. [para. 27].

Vassiliev v. Canada (Minister of Citizenship and Immigration) (1997), 131 F.T.R. 128 (T.D.), dist. [para. 28].

Demchuk v. Canada (Minister of Citizenship and Immigration) (1999), 174 F.T.R. 293 (T.D.), dist. [para. 28].

Suarez v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 1036 (T.D.), refd to. [para. 37].

Palomares v. Canada (Minister of Citizenship and Immigration) (2000), 191 F.T.R. 286; 5 Imm. L.R.(3d) 176 (T.D.), refd to. [para. 39].

Counsel:

Lorne Waldman, for the applicant;

Alexis Singer, for the respondent.

Solicitors of Record:

Jackman, Waldman & Associates, Toronto, Ontario, for the applicant;

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

This application was heard on December 10, 2002, at Toronto, Ontario, before Rouleau, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on December 30, 2002.

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    ...Immigration), [2000] 3 FCR 327, 184 DLR (4th) 14 [Klinko], (41) See Yoli v Canada (Minister of Citizenship and Immigration), 2002 FCT 1329, 226 FTR 48 [Yoli]; Neri v Canada (Citizenship and Immigration), 2013 FC 1087, 441 FTR 206; Bencic v Canada (Minister of Citizenship and Immigration), 2......
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    ...General), [2004] F.T.R. Uned. 729 ; 2004 FC 1249 , refd to. [para. 38]. Yoli v. Canada (Minister of Citizenship and Immigration) (2002), 226 F.T.R. 48; 2002 FCT 1329 , refd to. [para. 38]. Canada (Minister of Public Safety and Emergency Preparedness) v. Baraniroobasingam (2010), 359 F.T......
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    ...General), [2004] F.T.R. Uned. 729 ; 2004 FC 1249 , refd to. [para. 38]. Yoli v. Canada (Minister of Citizenship and Immigration) (2002), 226 F.T.R. 48; 2002 FCT 1329 , refd to. [para. 38]. Canada (Minister of Public Safety and Emergency Preparedness) v. Baraniroobasingam (2010), 359 F.T......
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