Date: 20070326

Docket: IMM-3256-06

Citation: 2007 FC 322

Montréal, Quebec, the 26th day of March 2007

PRESENT: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER 

BETWEEN:

MICHELLE ANAÏS REYES

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]        This is an application for judicial review of a decision by the Refugee Protection Division (RPD) of the Immigration and Refugee Board that the applicant was neither a “Convention refugee” nor a “person in need of protection”, as defined in sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA).

[2]         In dealing with the claim of Carlos Reyes Rivas, the RPD also disposed of the claims of his daughter Michelle Reyes and of the applicant Myrna Reyes (docket number IMM-3257-06), who based their claims on that of the applicant. As a result, the reasons given in docket IMM-3255-06 apply mutatis mutandis to the present matter.

[3]        For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is referred for redetermination before a differently constituted panel.

JUDGMENT

The application for judicial review will be allowed. The decision is set aside, and the matter is referred for redetermination before a differently constituted panel.

"Danièle Tremblay-Lamer"

Certified true translation

Susan Deichert, Reviser

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-3256-06

STYLE OF CAUSE:                          MICHELLE ANAÏS REYES v. M.C. I.

PLACE OF HEARING:                    Montréal, Quebec

DATE OF HEARING:                      March 13, 2007

REASONS FOR JUDGMENT

AND JUDGMENT BY:                    THE HONOURABLE MADAM  JUSTICE

                                                            TREMBLAY-LAMER                        

DATED:                                             March 26, 2007

APPEARANCES:

SOLICITORS OF RECORD: