Asmarou v. Canada (Minister of Citizenship and Immigration), 2005 FC 546

Date: 20050421

Docket: IMM-9461-03

Citation: 2005 FC 546

Toronto, Ontario, April 21^st, 2005                                                     

Present:           The Honourable Mr. Justice Campbell                                

BETWEEN:

                                                           ASMAROU, BASIMA

KAK'HANNA, OVEE (AUVI)

KAK'HANNA, VALNAR

Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                            REASONS FOR ORDER AND ORDER

[1]                In the present case, two of the Applicants claim refugee protection as women in Iraq, and all the Applicants claim refugee protection as Christians in Iraq.

[2]                In its decision of October 20, 2003, the Refugee Protection Division ("RPD") agreed that there was evidence on the record before it that some women in Iraq, including Christian women, are under a demand to veil, and, in addition, are subject to rape and kidnapping. With respect to what is necessary before persecution can be found, the RPD said this:

However, in the panel's opinion, this documentary evidence cannot be extrapolated to indicate that all Iraqi women, specifically all Christian Iraqi women, have a well founded fear of persecution or are in need of protection.

(Decision, p. 10)

This notion that all women must be proved to suffer before refugee protection can be granted for one, was repeated six more times in the decision.

[3]                I find that the RPD made an error in law in concluding that it was necessary to prove that all Iraqi women, specifically all Christian Iraqi women, are subject to persecutorial conduct before the female Applicants can be successful in their claims. The correct legal test is that only more than a mere possibility of persecution must be found in order to grant refugee protection.

[4]                As a result, I find the RPD's decision is patently unreasonable.

                                               ORDER

Accordingly, I set aside the RPD's decision, and refer the matter back to a differently constituted panel for redetermination.

"Douglas R. Campbell"

                                                                                                   J.F.C.                           

FEDERAL COURT

Names of Counsel and Solicitors of Record

DOCKET:                                           IMM-9461-03

STYLE OF CAUSE:               ASMAROU, BASIMA

KAK' HANNA, OVEE (AUVI)

KAK' HANNA, VALNAR

Applicants

and

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                       Respondent

DATE OF HEARING:                       APRIL 20, 2005

PLACE OF HEARING:                     TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                             CAMPBELL J.

DATED:                                              APRIL 21, 2005

APPEARANCES BY:                 

Ghina Al-Sewaidi                                              FOR THE APPLICANTS

Claire A.H. le Richie                                          FOR THE RESPONDENT

SOLICITORS OF RECORD:

Ghina Al-Sewaidi

Professional Corp.

Toronto, Ontario                                               FOR THE APPLICANTS

John H. Sims, Q.C.

Deputy Attorney General of Canada                  FOR THE RESPONDENT