Date: 20000106
Docket: IMM-884-98
BETWEEN:
HAMID HAJI-MIRZAEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED J.:
[1] There is no nexus between the situation the applicant describes as the basis for his claim for Convention refugee status and the definition of a Convention refugee.
[2] The applicant states that he signed fake orders allowing drugs (medicines) from the pharmaceutical company where he worked to be sent into the black market. The company was government owned. He became reluctant to engage in the signing of the fake orders and this led to a confrontation with a director of the company. The applicant states that he was subsequently interrogated, and beaten by the Revolutionary Guards and accused of anti-régime activities (in July 1996). He states that he returned to work and obtained copies of documents that demonstrated the corrupt practices in which the plant"s administrators were engaged. He distributed copies of these documents to employees of the company the day before he was scheduled to leave Iran (December 24, 1996). He was scheduled to leave on a holiday to visit his sister and brother-in-law in Canada, who had promised to look after his financial needs in Canada, if a visitor"s visa was issued to him. Before he left for the airport, he says, he learned that his house had been raided and his wife arrested and his family did not know where she was. After he had been in Canada a week, he states, he again learned that his house had been raided, and his wife arrested and detained for two days, during which time she was constantly interrogated as to his whereabouts.
[3] Even if I accepted the applicant"s argument that the CRDD"s findings of implausibility and lack of credibility were flawed, because they are not supported by sufficient detail, which I do not, there is simply no nexus between the reason the applicant says he fears returning to Iran and the definition of a Convention refugee. A Convention refugee is a person who fears persecution, should he return to his country of nationality, as a result of his race, religion, nationality, political opinion or membership in a particular social group. What the applicant fears is harm at the hands of criminals, or because of misinformation having been given by criminals to state officials.
[4] The situation the applicant describes is one of intimidation by criminals, who may also be employees of the state. There is no evidence that the Iranian state is unable or unwilling to protect those who refuse to engage in corrupt activities such as delivering medicines into the black market or who reveal such activity by others. Also, the transcript supports the Board member"s comments that the applicant"s answers were sometimes understated, sometimes overstated, and often evasive.
[5] For the reasons given the application has been dismissed.
"B. Reed"
J.F.C.C.
TORONTO, ONTARIO
January 6, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-884-98 |
| STYLE OF CAUSE: HAMID HAJI-MIRZAEI |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| DATE OF HEARING: THURSDAY, JANUARY 6, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DATED: THURSDAY, JANUARY 6, 2000
| APPEARANCES: Ms. Linda Martschenko |
| For the Applicant |
| Mr. Brian Frimeth |
| For the Respondent |
| SOLICITORS OF RECORD: Linda Martschenko |
Barrister & Solicitor
| 691 Ouellette Ave., |
Windsor, Ontario
| N9A 4J4 |
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000106
Docket: IMM-884-98
Between:
| HAMID HAJI-MIRZAEI |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER