Date: 20030731
Docket: IMM-5922-02
Citation: 2003 FC 940
Vancouver, British Columbia, Thursday, the 31st day of July, 2003
Present: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
MARICELA RAMOS JAUREGUI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The present PRAA decision under review concerns a citizen of Mexico who has suffered extreme violence at the hand of her husband. The issue before the PRAA officer was whether an internal flight alternative is available to her somewhere in Mexico.
[2] In reaching a decision, I find that the PRAA officer was required to conduct a thorough analysis of the reality of the Applicant's situation. This reality includes an evaluation of the risk to the Applicant's life should her husband find her, such risk being relative to her husband's power and domination needs and the degree to which he is found to be compelled to exercise them.
[3] As the present decision does not include this required analysis, I find it is made in reviewable error.
ORDER
Accordingly, I set aside the PRAA decision under review and refer the matter back for re-determination.
(Sgd.) "Douglas R. Campbell"
Judge
| I HEREBY CERTIFY that the above document |
| is a true copy of the original filed of record in the Registry of the Federal Court on the _______ day of ___________ A.D. 20 ____
Dated this _______ day of ____________ 20 ____
Julia Platt, Senior Registry Officer |
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5922-02
STYLE OF CAUSE: MARICELA RAMOS JAUREGUI v. MCI
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: July 31, 2003
REASONS FOR ORDER AND ORDER: CAMPBELL J.
DATED: July 31, 2003
APPEARANCES:
Mr. Martin J. Bauer FOR APPLICANT
Ms. Banafsheh Sokhansanj FOR RESPONDENT
SOLICITORS OF RECORD:
Martin J. Bauer FOR APPLICANT
Barrister & Solicitor
Vancouver, BC
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada