Date: 20070326

Docket: IMM-3257-06

Citation: 2007 FC 323

[ENGLISH TRANSLATION]

Montréal, Quebec, March 26, 2007

PRESENT: The Honourable Madam Justice Tremblay-Lamer 

BETWEEN:

MYRNA RIVAS

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               This is an application for judicial review of a decision by the Refugee Protection Division (RPD) of the Immigration and Refugee Board whereby the applicant is not a Convention refugee or a person in need of protection, as defined in sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act).

[2]               In handling Carlos Reyes Rivas’ claim, the RPD also heard the claims of his daughter, Michelle Reyes (docket no. IMM-3256-06), and of the female applicant, Myrna Reyes, who support their claims on that of the male applicant. Consequently, the reasons in docket IMM-3255-06 apply mutatis mutandis to this matter.

[3]               For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel.

JUDGEMENT

The application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel.

“Danièle Tremblay-Lamer”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-3257-06

STYLE OF CAUSE:                          MYRNA RIVAS v. M.C.I.

PLACE OF HEARING:                    Montréal, Quebec

DATE OF HEARING:                      March 13, 2007

REASONS FOR JUDGMENT AND JUDGMENT:   TREMBLAY-LAMER J.

DATED:                                             March 26, 2007

APPEARANCES:

SOLICITORS OF RECORD: