Montréal, Quebec, the 26th day of March 2007
PRESENT: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
BETWEEN:
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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.
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
AND JUDGMENT BY: THE HONOURABLE MADAM JUSTICE
TREMBLAY-LAMER
APPEARANCES:
William Sloan
|
FOR THE APPLICANT |
Daniel Latulippe
|
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
William Sloan Montréal, Quebec
|
FOR THE APPLICANT |
John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |