Montréal, Quebec, March 26, 2007
PRESENT: The Honourable Madam Justice Tremblay-Lamer
BETWEEN:
Applicant
and
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 whereby the applicant is not a Convention refugee or 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 (the Act).
[2] In handling Carlos Reyes Rivas’ claim, the RPD also heard the claims of his daughter, Michelle Reyes (docket no. IMM-3256-06), and of the female applicant, Myrna Reyes, who support their claims on that of the male applicant. Consequently, the reasons in docket IMM-3255-06 apply mutatis mutandis to this matter.
[3] For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel.
JUDGEMENT
The application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3257-06
STYLE OF CAUSE: MYRNA RIVAS v. M.C.I.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 13, 2007
REASONS FOR JUDGMENT AND JUDGMENT: TREMBLAY-LAMER J.
APPEARANCES:
|
William Sloan
|
FOR THE APPLICANT |
|
Daniel Latulippe
|
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
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William Sloan Montréal, Quebec
|
FOR THE APPLICANT |
|
John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |