Angel Ramos v. Canada (Citizenship and Immigration)
Source text
Angel Ramos v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-02-13 Neutral citation 2008 FC 179 File numbers IMM-385-07 Decision Content Date: 20080213 Docket: IMM-385-07 Citation: 2008 FC 179 Ottawa, Ontario, February 13, 2008 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: EDGAR GEOVANY ANGEL RAMOS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The Applicant, a 22-year old citizen of El Salvador, challenges a decision of the Refugee Protection Division (RPD) which denied his claim on the grounds that state protection was available to him. [2] The Applicant claimed that he feared a certain gang but despite the urgings of his mother to contact the police, he refused to do so. On the advice of his priest he fled first to the United States and then to Canada. [3] There is no reason to suggest that the RPD ignored evidence of events subsequent to the Applicant’s departure on which he relied to support his fears. In effect the Applicant asks that this Court re-weigh that evidence – something it will not do. [4] Against the standard of review of reasonableness (see Chaves v. Canada (Minister of Citizenship and Immigration), 2005 FC 193), the RPD’s decision stands up to a somewhat probing examination. While acknowledging that state protection was not perfect, the RPD found that it was sufficient. [5] The Applicant undermined his case by failing to approach the authorities, ev…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Angel Ramos v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-02-13 Neutral citation 2008 FC 179 File numbers IMM-385-07 Decision Content Date: 20080213 Docket: IMM-385-07 Citation: 2008 FC 179 Ottawa, Ontario, February 13, 2008 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: EDGAR GEOVANY ANGEL RAMOS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] The Applicant, a 22-year old citizen of El Salvador, challenges a decision of the Refugee Protection Division (RPD) which denied his claim on the grounds that state protection was available to him. [2] The Applicant claimed that he feared a certain gang but despite the urgings of his mother to contact the police, he refused to do so. On the advice of his priest he fled first to the United States and then to Canada. [3] There is no reason to suggest that the RPD ignored evidence of events subsequent to the Applicant’s departure on which he relied to support his fears. In effect the Applicant asks that this Court re-weigh that evidence – something it will not do. [4] Against the standard of review of reasonableness (see Chaves v. Canada (Minister of Citizenship and Immigration), 2005 FC 193), the RPD’s decision stands up to a somewhat probing examination. While acknowledging that state protection was not perfect, the RPD found that it was sufficient. [5] The Applicant undermined his case by failing to approach the authorities, even once, and by failing to show that there was no internal flight alternative. [6] Therefore, this judicial review is denied. There is no question for certification. JUDGMENT THIS COURT ORDERS AND ADJUDGES that this application for judicial review is denied. “Michael L. Phelan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-385-07 STYLE OF CAUSE: EDGAR GEOVANY ANGEL RAMOS and THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: December 5, 2007 REASONS FOR JUDGMENT AND JUDGMENT: Phelan J. DATED: February 13, 2008 APPEARANCES: Ms. Lani Gozlan FOR THE APPLICANT Mr. David Joseph FOR THE RESPONDENT SOLICITORS OF RECORD: MS. LANI GOZLAN Barrister & Solicitor Toronto, Ontario FOR THE APPLICANT MR. 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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