Date: 20050210
Docket: IMM-2559-04
Citation: 2005 FC 215
Toronto, Ontario, February 10th, 2005
Present: The Honourable Mr. Justice Campbell
BETWEEN:
ANTON PERJAKU
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant claims a well founded fear of persecution at the hands of the socialist government and police in Albania by reason of his political opinion as a supporter of the Legality Party (LP). In its decision, the Refugee Protection Division ("RPD") found that the Applicant was a member of the Youth Forum of the LP prior to his leaving Albania and claiming refugee protection in Canada.
[2] In the Applicant's PIF, a claim for refugee protection is clearly made on the basis of evidence submitted that there exists a coalition between the LP and the Democratic Party, and members of the Democratic Party are subject to persecution by Albanian state authorities. Indeed, in the hearing before the RPD, Counsel for the Applicant argued that the Applicant's claim for refugee protection should be accepted because police in Albania do not differentiate between members of the LP and members of the Democratic Party.
[3] However, with regard to the Applicant's return to Albania, and his prospective fear of persecution under s.96 of IRPA, and risk under s.97, the RPD's decision is devoid of any consideration of the possible consequences faced by members of groups who are part of the coalition with the Democratic Party, including the Applicant as a member of the LP. In my opinion, the RPD's failure to deal with this essential feature of the Applicant's claim is a reviewable error.
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-2559-04
STYLE OF CAUSE: ANTON PERJAKU
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: FEBRUARY 8, 2005
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: FEBRUARY 10, 2005
APPEARANCES BY:
Clifford Luyt For the Applicant
Stephen Jarvis For the Respondent
SOLICITORS OF RECORD:
Waldman & Associates
Toronto, Ontario For the Applicant
John H. Sims, Q.C.
Toronto, Ontario For the Respondent