Ottawa, Ontario, February 13, 2008
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
and
AND IMMIGRATION
REASONS FOR JUDGMENT AND JUDGMENT
[1] The Applicant, a 22-year old citizen of El Salvador, challenges a decision of the Refugee Protection Division (RPD) which denied his claim on the grounds that state protection was available to him.
[2] The Applicant claimed that he feared a certain gang but despite the urgings of his mother to contact the police, he refused to do so. On the advice of his priest he fled first to the United States and then to Canada.
[3] There is no reason to suggest that the RPD ignored evidence of events subsequent to the Applicant’s departure on which he relied to support his fears. In effect the Applicant asks that this Court re-weigh that evidence – something it will not do.
[4] Against the standard of review of reasonableness (see Chaves v. Canada (Minister of Citizenship and Immigration), 2005 FC 193), the RPD’s decision stands up to a somewhat probing examination. While acknowledging that state protection was not perfect, the RPD found that it was sufficient.
[5] The Applicant undermined his case by failing to approach the authorities, even once, and by failing to show that there was no internal flight alternative.
[6] Therefore, this judicial review is denied. There is no question for certification.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that this application for judicial review is denied.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-385-07
STYLE OF CAUSE: EDGAR GEOVANY ANGEL RAMOS
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: December 5, 2007
APPEARANCES:
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Ms. Lani Gozlan
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Mr. David Joseph
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SOLICITORS OF RECORD:
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MS. LANI GOZLAN Barrister & Solicitor Toronto, Ontario
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MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario |