Date:
20120124
Docket:
A-236-11
Citation:
2012 FCA 25
CORAM: EVANS J.A.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
JOSE
VALLE LOPES
Appellant
and
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard
at Toronto, Ontario, on January
24, 2012.
Judgment delivered from the Bench at Toronto, Ontario, on January
24, 2012.
REASONS FOR JUDGMENT OF THE COURT
BY: SHARLOW J.A.
Date:
20120124
Docket:
A-236-11
Citation:
2012 FCA 25
CORAM: EVANS
J.A.
SHARLOW
J.A.
LAYDEN-STEVENSON
J.A.
BETWEEN:
JOSE
VALLE LOPES
Appellant
and
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
OF THE COURT
(Delivered
from the Bench at Toronto, Ontario, on January 24, 2012)
SHARLOW
J.A.
[1]
We
have not been persuaded that the judgment of the Federal Court (2010 FC 403),
or the decision of the Immigration Division of the Immigration and Refugee
Board that was under review in the Federal Court, was based on any error of law
or any factual finding that was not reasonably open to the Board.
[2]
Nor
are we persuaded that the record discloses any basis upon which this Court
should reverse the finding of the Federal Court that the proceedings before the
Board were not fatally flawed by an abuse of process, bad faith, or the
incompetence of counsel.
[3]
The
certified question reads as follows:
Did the Board err in rejecting
the defence of duress by applying a purely objective standard of assessment,
that being the assessment that because of the multiple deaths that had
occurred, the risk to the applicant of his own death was irrelevant to the
assessment?
[4]
This
question is not dispositive because it is based on an incorrect premise. The
Board did not use a purely objective standard to assess the defence of duress.
Nor is it a serious question of general importance because it is focussed on
the particular facts of this case. Accordingly, we decline to answer the
question.
[5]
The
appeal will be dismissed.
“K.
Sharlow”
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-236-11
(APPEAL
FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE O’KEEFE DATED MAY 20, 2011,
DOCKET NO. IMM-240-09).
STYLE OF CAUSE: JOSE VALLE LOPES v.
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 24, 2012
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS, SHARLOW & LAYDEN-STEVENSON JJ.A.
DELIVERED FROM THE
BENCH BY: SHARLOW.J.A.
APPEARANCES:
|
Timothy Wichert
|
FOR
THE APPELLANT
|
|
Martin Anderson
Susan
Bhattacharyya
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Jackman and Associates
Barrister
& Solicitor
Toronto, Ontario
|
FOR THE APPELLANT
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
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