Date: 20010911
Docket: IMM-5228-00
Neutral citation: 2001 FCT 1010
BETWEEN:
VLADIMIROS EMINIDIS
ELZA EMINIDI
ANDREAS EMINIDIS
MARIA EMINIDOU
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
ORDER AND REASONS FOR ORDER
NADON J.
[1] The plaintiffs' application for judicial review is allowed.
[2] As the tribunal concluded that there was a reasonable fear of persecution in the event of a return to Russia because of the principal plaintiff's political opinions, it could not in my opinion conclude that the said persecution, when occurring in Greece, could not be related to one of the grounds of persecution mentioned in the Convention.
[3] In my view, the tribunal made an error of law that justifies this Court's intervention. If the tribunal considered that the plaintiffs did not show that the Greek government could not protect them, it only had to say so.
[4] Consequently, the tribunal's decision of September 7, 2000 is quashed and the matter referred back to a new panel for reconsideration.
O T T A W A, Ontario
September 11, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: IMM-5228-00
STYLE OF CAUSE: VLADIMIROS ET AL. v. MCI
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 10, 2001
ORDER AND REASONS FOR ORDER BY: NADON J.
DATED: September 11, 2001
APPEARANCES:
Michel Lebrun FOR THE PLAINTIFF
Guy Lamb FOR THE DEFENDANT
SOLICITORS OF RECORD:
Michel Lebrun FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
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