Federal Court Decisions

Decision Information

Reyes v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2007-03-26
Neutral citation 2007 FC 322
File numbers IMM-3256-06

Decision Content

            Date: 20070326

 

Docket: IMM-3256-06

Citation: 2007 FC 322

Montréal, Quebec, the 26th day of March 2007

PRESENT: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER 

 

BETWEEN:

MICHELLE ANAÏS REYES

Applicant

and

 

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

 

 

 

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.

 

 

"Danièle Tremblay-Lamer"

Judge

 

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

 

REASONS FOR JUDGMENT

AND JUDGMENT BY:                    THE HONOURABLE MADAM  JUSTICE

                                                            TREMBLAY-LAMER                        

 

DATED:                                             March 26, 2007

 

 

 

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

 

 

 

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.