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Date: 20080403

Docket: IMM-3545-07

Citation: 2008 FC 426

Toronto, Ontario, April 3, 2008

PRESENT:     The Honourable Mr. Justice Campbell

 

BETWEEN:

 

 

ELISA DEL CARMEN MORTERA SANCHEZ

 

 

Applicant

and

 

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

Respondent

 

 

 

REASONS FOR ORDER AND ORDER

 

[1]               The present Application concerns a young refugee claimant from Mexico who claims s.96 and s.97 protection from a man who was violent during her relationship with him. The Applicant did not seek stay protection in Mexico before fleeing to Canada because she believed that the Mexican police cannot, or will not, provide effective protection for women suffering spousal violence. To explain this action, and, indeed, to prove the merits of her claim, the Applicant filed extensive evidence with the RPD to prove that her unwillingness to seek state protection in Mexico was reasonable, and also to provide clear and convincing proof that no effective protection is available to her should she be required to return to Mexico.

 

[2]               The result of the present judicial review turns on the fact that the RPD failed to acknowledge the Applicant’s evidence of risk, let alone provide critical analysis of it as it is required to do.  As a result, I find the decision is made in reviewable error.

 

 


ORDER

 

            Accordingly, the decision under review is set aside and referred back for re-determination by a differently constituted panel.

 

                                                                                                            “Douglas R. Campbell”

Judge


FEDERAL COURT

 

NAME OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-3545-07

 

 

STYLE OF CAUSE:                          ELISA DEL CARMEN MORTERA SANCHEZ v. THE

MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

PLACE OF HEARING:                    TORONTO, ONTARIO

 

DATE OF HEARING:                      APRIL 1, 2008

 

REASONS FOR ORDER

AND ORDER BY:                            CAMPBELL J.

 

DATED:                                             APRIL 3, 2008           

 

 

APPEARANCES:

 

ROBERT GERTLER                                                               FOR THE APPLICANT

 

TAMRAT GEBEYEHU                                                           FOR THE RESPONDENT

                       

 

SOLICITORS OF RECORD:

 

ROBERT GERTLER & ASSOCIATES                                  

BARRISTERS AND SOLICITORS

ETOBICOKE, ONTARIO                                                      FOR THE APPLICANT

 

 

JOHN H. SIMS, Q.C.                                                            

DEPUTY ATTORNEY GENERAL OF CANADA                 FOR THE RESPONDENT  

 

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