Federal Court Decisions

Decision Information

Bessard v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2012-03-20
Neutral citation 2012 FC 339
File numbers IMM-5691-11

Decision Content

 

 Date: 20120320

Docket: IMM-5691-11

Citation: 2012 FC 339

Toronto, Ontario, March 20, 2012

PRESENT:     The Honourable Madam Justice Mactavish

 

 

BETWEEN:

 

MILEUS BESSARD

 

 

 

Applicant

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

 

 

Respondent

 

 

 

 

 

           REASONS FOR JUDGMENT AND JUDGMENT

 

[1]               Mileus Bessard claims to fear persecution in Haiti. He says that he would be targeted by criminals who would perceive him as wealthy because he was returning to Haiti after living abroad for many years.

 

[2]               Mr. Bessard’s refugee claim was dismissed because those perceived to be wealthy are not members of a particular social group for the purposes of section 96 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. The Board also found that Mr. Bessard faced a generalized risk of criminality in Haiti, and that he would not be personally subject to risk as contemplated by section 97 of the Act.

 

[3]               In my view, that decision was reasonable.

 

[4]               The reasons provided by the Board for dismissing Mr. Bessard’s refugee claim were undeniably brief. However, the adequacy of reasons is not measured by the pound: Vancouver International Airport Authority v. Public Service Alliance of Canada, 2010 FCA 158, 9 Admin. L.R. (5th) 79 at para. 17. I am satisfied that the Board’s reasons respond to the claim asserted by Mr. Bessard, and explain clearly why that claim was rejected. The reasons satisfy the requirements of justification, transparency and intelligibility required of a reasonable decision: Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at para. 47.

 

[5]               The reference to the wrong Ward decision in paragraph 11 of the reasons is unfortunate. However, it is clear from paragraphs 12 and 13 of the reasons that the Board properly understood the jurisprudence of this Court, and further understood that being perceived as wealthy in Haiti does not constitute membership in a particular social group: see Cius v. Canada (Minister of Citizenship and Immigration), 2008 FC 1, [2008] F.C.J. No. 9 (QL).

 

[6]               As a result, the application for judicial review is dismissed. Neither party has suggested a question for certification, and none arises here.

 

JUDGMENT

 

THIS COURT ORDERS AND ADJUDGES that:

            1.         This application for judicial review is dismissed; and

            2.         No serious question of general importance is certified.

 

“Anne Mactavish”

Judge

 

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-5691-11

 

 

STYLE OF CAUSE:                          MILEUS BESSARD v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

PLACE OF HEARING:                    Toronto, Ontario

 

 

DATE OF HEARING:                      March 20, 2012

 

 

REASONS FOR JUDGMENT

AND JUDGMENT:                          MACTAVISH J.

 

 

DATED:                                             March 20, 2012

 

 

APPEARANCES:

 

Michael Crane

FOR THE APPLICANT

 

Christopher Ezrin

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Barrister & Solicitor

Toronto, Ontario

 

FOR THE APPLICANT

Myles J. Kirvan

Deputy Attorney General of Canada

 

FOR THE RESPONDENT

 

 

 

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