Espinoza Saldivar v. Canada (Minister of Citizenship and Immigration), 2006 FC 926

Date: 20060726

Docket: IMM-7691-05

Citation: 2006 FC 926

Vancouver, British Columbia, July 26, 2006

PRESENT:      The Honourable Mr. Justice Campbell

BETWEEN:

ANTONIO ESPINOZA SALDIVAR and

MARGARITA TERAN DE ESPINOZA

Applicants

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]                The Applicants are citizens of Mexico who, at the ages of 84 and 81 years old respectively, made a PRRA application due to their fear of persecution and risk from crime cartels in Mexico as the parents of a journalist.

[2]                In the PRRA decision under review, it is agreed that the PRRA Officer found, on a subjective and objective basis, more than a mere possibility of persecution, and risk, if the Applicants return to Mexico. However, the PRRA application was not resolved in the Applicants' favour because of a finding that the state in Mexico can protect the Applicants from the crime cartels.

[3]                In the record placed before the PRRA Officer, the Applicants supply clear and convincing evidence that Mexico cannot provide state protection for persons in their situation. At page 44 of the Applicants' Record, a statement is made by the General Procurator of Justice in Durango State, Public Ministry Agency in Vicente Guerrero, as follows:

... it is possible that you will risk your life if required to appear again before the authorities of the Federal as well as the common jurisdiction of the Public Ministry in the State of Jalisco, Mexico, which would put yourself and your family at risk, since this concerns serious threat and filtrations of presumed bands dedicated to organized crime operating in the Mexican Republic.

[4]                This piece of cogent evidence did not form part of the cursory analysis provided in the PRRA decision rendered. In my opinion, this failure constitutes a reviewable error which renders the decision as patently unreasonable.

ORDER

            Accordingly, I set aside the decision under review and refer the matter back to a different PRRA officer for re-determination.

"Douglas R. Campbell"

FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-7691-05

STYLE OF CAUSE:                           ANTONIO ESPINOZA SALDIVAR et al. v. THE

                                                            MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                     Vancouver, BC

DATE OF HEARING:                       July 26, 2006

REASONS FOR ORDER AND ORDER:                         CAMPBELL J.

DATED                                                                                   July 26, 2006

APPEARANCES:

SOLICITORS OF RECORD: