Date: 20080403
Docket: IMM-3545-07
Citation: 2008
FC 426
Toronto, Ontario, April 3, 2008
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
ELISA DEL CARMEN MORTERA SANCHEZ
Applicant
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1]
The
present Application concerns a young refugee claimant from Mexico who claims s.96 and s.97
protection from a man who was violent during her relationship with him. The Applicant
did not seek stay protection in Mexico
before fleeing to Canada because she believed that the
Mexican police cannot, or will not, provide effective protection for women
suffering spousal violence. To explain this action, and, indeed, to prove the
merits of her claim, the Applicant filed extensive evidence with the RPD to
prove that her unwillingness to seek state protection in Mexico was reasonable,
and also to provide clear and convincing proof that no effective protection is
available to her should she be required to return to Mexico.
[2]
The result
of the present judicial review turns on the fact that the RPD failed to
acknowledge the Applicant’s evidence of risk, let alone provide critical
analysis of it as it is required to do. As a result, I find the decision is made
in reviewable error.
ORDER
Accordingly, the decision under review is set aside
and referred back for re-determination by a differently constituted panel.
“Douglas
R. Campbell”
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS
OF RECORD
DOCKET: IMM-3545-07
STYLE OF CAUSE: ELISA DEL
CARMEN MORTERA SANCHEZ v. THE
MINISTER OF CITIZENSHIP AND
IMMIGRATION
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: APRIL 1, 2008
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: APRIL 3, 2008
APPEARANCES:
ROBERT GERTLER FOR
THE APPLICANT
TAMRAT GEBEYEHU FOR
THE RESPONDENT
SOLICITORS OF RECORD:
ROBERT GERTLER & ASSOCIATES
BARRISTERS AND SOLICITORS
ETOBICOKE, ONTARIO FOR
THE APPLICANT
JOHN H. SIMS, Q.C.
DEPUTY ATTORNEY GENERAL OF CANADA FOR THE RESPONDENT
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