Roy v. Canada (Solicitor General), 2005 FC 195

Date: 20050208

Docket: IMM-3945-04

Citation: 2005 FC 195

BETWEEN:

                                                               BASHUDEB ROY

                                                                                                                                            Applicant

                                                                           and

                                       THE SOLICITOR GENERAL FOR CANADA

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

SIMPSON, J.

[1]                This application is for judicial review of a Pre-Removal Risk Assessment ("PRRA") dated February 19, 2004.

[2]                Counsel agreed that the standard of review is patent unreasonableness and were advised, at the conclusion of the hearing, that I found the decision to be patently unreasonable because the decision maker:

(a)         Found that the applicant's family is involved in a family feud in Bangladesh;

(b)         Found that the other family in the conflict is prepared to resort to extreme violence to settle scores;

(c)         Found that an attack as part of the feud had led to the death of the applicant's father;

(d)         Found that the applicant had already been involved in altercations with the opposing family.

(e)         Concluded that there were not substantial grounds to support a finding of risk.

[3]                In my view, this conclusion was patently unreasonable. For that reason, an order will be made referring the matter back for a fresh determination by another PRRA officer.

              "Sandra J. Simpson"            

JUDGE

Ottawa, Ontario

February 8, 2005

FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-3945-04

STYLE OF CAUSE:                         BASHUDEB ROY v. SOLICITOR GENERAL OF CANADA

PLACE OF HEARING:                    TORONTO

DATE OF HEARING:                       JANUARY 18, 2005

REASONS FOR ORDER:              SIMPSON J.          

DATED:                                              FEBRUARY 8, 2005

APPEARANCES:                                                                 Leigh Salsberg

FOR THE APPLICANT

Catherine Vasilaros

FOR THE RESPONDENT

SOLICITORS OF RECORD:                                              Waldman & Associates

Toronto, ON

FOR THE APPLICANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

FOR THE RESPONDENT