Date: 20030602
Docket: IMM-2667-02
Citation: 2003 FCT 697
Ottawa, Ontario, this 2nd day of June, 2003
Present: The Honourable Madam Justice Sandra J. Simpson
BETWEEN:
FRANCISCO JOSE HENAO TOBON
ANGELA MARIA PAREDES GOMEZ
JUAN PABLO MEJIA PAREDES
MARIA MONICA HENAO PAREDES
ALVARO ALEJANDRO MEJIA PAREDES and
DANIEL HENAO PAREDES
Applicants
and
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] UPON the applicants' application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board"), dated May 9, 2002 (the "Decision") in which the Board concluded that the applicants are not convention refugees.
[2] AND UPON hearing the submissions of counsel for both parties in Toronto on May 20, 2003.
[3] AND UPON determining that the Board erred when it failed to address several material pieces of evidence which the applicants said linked the potato bomb thrown at their house to a guerilla group. The evidence included (i) the telephone call received by the applicants' maid which, according to the adult male applicant's revised personal information form, mentioned the ELN, (ii) the newspaper article of April 8, 2000 in Tiempo Caribe and (iii) the letter from the President of the company which employed the adult male applicant.
[4] AND UPON determining that the Board erred in a material respect when it concluded that the demand in the threatening flyer was met when the adult male applicant resigned on May 2, 2000 when the evidence showed that the flyer demanded the resignation of the manager who cut the budget and that the adult male applicant was not that manager.
[5] AND UPON being advised that there is no question posed for certification.
ORDER
NOW THEREFORE THIS COURT ORDERS that, for the reasons given above, this application for judicial review is allowed and the matter is referred back for redetermination by a differently constituted panel of members of the Refugee Protection Division.
"Sandra J. Simpson"
JUDGE
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2667-02
STYLE OF CAUSE: FRANCISCO JOSE HENAO TOBON, ANGELA MARIA
PAREDES GOMEZ, JUAN PABLO MEJIA PAREDES, MARIA MONICA HENAO PAREDES, ALVARO ALEJANDRO MEJIA PAREDES and DANIEL HENAO PAREDES
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, MAY 20, 2003
REASONS FOR ORDER
AND ORDER BY: SIMPSON J.
DATED: MONDAY, JUNE 2, 2003
APPEARANCES: Mr. John Guoba
For the Applicants
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD: John Guoba
Barrister & Solicitor
Toronto, Ontario
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030602
Docket: IMM-2667-02
BETWEEN:
FRANCISCO JOSE HENAO TOBON
ANGELA MARIA PAREDES GOMEZ
JUAN PABLO MEJIA PAREDES
MARIA MONICA HENAO PAREDES
ALVARO ALEJANDRO MEJIA PAREDES and DANIEL HENAO PAREDES
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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