Baptiste v. Canada (Citizenship and Immigration)
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Baptiste v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2010-03-10 Neutral citation 2010 FC 275 File numbers IMM-2757-09 Decision Content Federal Court Cour fédérale Date: 20100310 Docket: IMM-2757-09 Citation: 2010 FC 275 Toronto, Ontario, March 10, 2010 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: TAHIRA SHERICA VERONICA BAPTISTE Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The Applicant is an adult woman from Grenada. She alleges that she is the victim of domestic violence and that state protection in Grenada is inadequate. The Board Member of the Refugee Protection Division agreed that the evidence as to adequacy of state protection in Grenada was mixed but, in considering the evidence and determining that the Applicant bore the burden of demonstrating the adequacy of state protection, the Applicant’s claim for refugee protection was rejected. [2] Counsel for the parties before me both argue that the applicable standard to be applied on this judicial review is that of reasonableness. Having reviewed the record and heard Counsel I am persuaded that the Board Member had regard to the appropriate evidence, weighed that evidence and made a decision that was within the appropriate bounds of reasonableness. [3] I will dismiss the application. The matter is fact-specific and raises no question of law or other importance sufficient to warrant certification. JUDGMENT FOR T…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Baptiste v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2010-03-10 Neutral citation 2010 FC 275 File numbers IMM-2757-09 Decision Content Federal Court Cour fédérale Date: 20100310 Docket: IMM-2757-09 Citation: 2010 FC 275 Toronto, Ontario, March 10, 2010 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: TAHIRA SHERICA VERONICA BAPTISTE Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The Applicant is an adult woman from Grenada. She alleges that she is the victim of domestic violence and that state protection in Grenada is inadequate. The Board Member of the Refugee Protection Division agreed that the evidence as to adequacy of state protection in Grenada was mixed but, in considering the evidence and determining that the Applicant bore the burden of demonstrating the adequacy of state protection, the Applicant’s claim for refugee protection was rejected. [2] Counsel for the parties before me both argue that the applicable standard to be applied on this judicial review is that of reasonableness. Having reviewed the record and heard Counsel I am persuaded that the Board Member had regard to the appropriate evidence, weighed that evidence and made a decision that was within the appropriate bounds of reasonableness. [3] I will dismiss the application. The matter is fact-specific and raises no question of law or other importance sufficient to warrant certification. JUDGMENT FOR THE REASONS GIVEN: THIS COURT ORDERS AND ADJUDGES that: 1. The application is dismissed; 2. There is no question for cerification; 3. No Order as to costs. “Roger T. Hughes” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2757-09 STYLE OF CAUSE: TAHIRA SHERICA VERONICA BAPTISTE v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: March 10, 2010 REASONS FOR JUDGMENT AND JUDGMENT: HUGHES J. DATED: March 10, 2010 APPEARANCES: Preevanda K. Sapru FOR THE APPLICANT Kevin Doyle FOR THE RESPONDENT SOLICITORS OF RECORD: Preevander K. Sapru Toronto, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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