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”
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
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