Date: 20130614

Docket: IMM-10911-12

Citation: 2013 FC 657

[UNREVISED ENGLISH CERTIFIED TRANSLATION]

Ottawa, Ontario, June 14, 2013

PRESENT: The Honourable Mr. Justice Shore 

BETWEEN:

         REASONS FOR JUDGMENT AND JUDGMENT

[1]               The applicant, Mr. Brahim Megari, an Algerian citizen, is the principal applicant on an application for judicial review of a decision by the Refugee Protection Division [RPD] of the Immigration and Refugee Board dated September 27, 2012.

[2]               The RPD decision rejected the principal applicant’s refugee claim but accepted the refugee claim of Nouara Megari, the mother of Lamia Megari.

[3]               The decision reflects that the RPD noted that Nouara Megari, as the mother of the disabled child, remains her daughter’s primary caregiver. Since the mother has become her daughter’s protector, she could reasonably be persecuted by protecting her daughter if they were returned to Algeria.

[4]               The RPD found the principal applicant credible when testifying about his daughter and spouse. The principal applicant candidly admitted that he feared nothing and no one and that he was able to defend himself; it was his daughter he feared for.

[5]               Considering that the RPD’s decision was based entirely on the principal applicant’s evidence in reaching its conclusion, supported but providing sufficient reasons, the decision, bearing in mind that it is reasonable, will stand.

[6]               Accordingly, the Court dismisses the application for judicial review.

JUDGMENT

THE COURT ORDERS that the application for judicial review is dismissed with no question of general importance to certify.

Obiter

Before this family is separated, the family, father Brahim Megari, aged 63, mother Nouara Megari, aged 58 and daughter, age 31, this case potentially requires an assessment based on humanitarian and compassionate considerations.

“Michel M.J. Shore”

Certified true translation

Mary Jo Egan, LLB

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                         IMM-10911-12

STYLE OF CAUSE:                        BRAHIM MEGARI v MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                  Montréal, Quebec

DATE OF HEARING:                    June 13, 2013

REASONS FOR JUDGMENT

AND JUDGMENT:                         SHORE J.

DATED:                                            June 14, 2013

APPEARANCES:

SOLICITORS OF RECORD: