Tobon v. Canada (Minister of Citizenship and Immigration)
Court headnote
Tobon v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-06-02 Neutral citation 2003 FCT 697 File numbers IMM-2667-02 Decision Content Date: 20030602 Docket: IMM-2667-02 Citation: 2003 FCT 697 Ottawa, Ontario, this 2nd day of June, 2003 Present: The Honourable Madam Justice Sandra J. Simpson BETWEEN: FRANCISCO JOSE HENAO TOBON ANGELA MARIA PAREDES GOMEZ JUAN PABLO MEJIA PAREDES MARIA MONICA HENAO PAREDES ALVARO ALEJANDRO MEJIA PAREDES and DANIEL HENAO PAREDES Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] UPON the applicants' application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board"), dated May 9, 2002 (the "Decision") in which the Board concluded that the applicants are not convention refugees. [2] AND UPON hearing the submissions of counsel for both parties in Toronto on May 20, 2003. [3] AND UPON determining that the Board erred when it failed to address several material pieces of evidence which the applicants said linked the potato bomb thrown at their house to a guerilla group. The evidence included (i) the telephone call received by the applicants' maid which, according to the adult male applicant's revised personal information form, mentioned the ELN, (ii) the newspaper article of April 8, 2000 in Tiempo Caribe and (iii) the letter from the President of the company which emplo…
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Tobon v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-06-02 Neutral citation 2003 FCT 697 File numbers IMM-2667-02 Decision Content Date: 20030602 Docket: IMM-2667-02 Citation: 2003 FCT 697 Ottawa, Ontario, this 2nd day of June, 2003 Present: The Honourable Madam Justice Sandra J. Simpson BETWEEN: FRANCISCO JOSE HENAO TOBON ANGELA MARIA PAREDES GOMEZ JUAN PABLO MEJIA PAREDES MARIA MONICA HENAO PAREDES ALVARO ALEJANDRO MEJIA PAREDES and DANIEL HENAO PAREDES Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] UPON the applicants' application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board"), dated May 9, 2002 (the "Decision") in which the Board concluded that the applicants are not convention refugees. [2] AND UPON hearing the submissions of counsel for both parties in Toronto on May 20, 2003. [3] AND UPON determining that the Board erred when it failed to address several material pieces of evidence which the applicants said linked the potato bomb thrown at their house to a guerilla group. The evidence included (i) the telephone call received by the applicants' maid which, according to the adult male applicant's revised personal information form, mentioned the ELN, (ii) the newspaper article of April 8, 2000 in Tiempo Caribe and (iii) the letter from the President of the company which employed the adult male applicant. [4] AND UPON determining that the Board erred in a material respect when it concluded that the demand in the threatening flyer was met when the adult male applicant resigned on May 2, 2000 when the evidence showed that the flyer demanded the resignation of the manager who cut the budget and that the adult male applicant was not that manager. [5] AND UPON being advised that there is no question posed for certification. ORDER NOW THEREFORE THIS COURT ORDERS that, for the reasons given above, this application for judicial review is allowed and the matter is referred back for redetermination by a differently constituted panel of members of the Refugee Protection Division. "Sandra J. Simpson" JUDGE FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2667-02 STYLE OF CAUSE: FRANCISCO JOSE HENAO TOBON, ANGELA MARIA PAREDES GOMEZ, JUAN PABLO MEJIA PAREDES, MARIA MONICA HENAO PAREDES, ALVARO ALEJANDRO MEJIA PAREDES and DANIEL HENAO PAREDES Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: TUESDAY, MAY 20, 2003 REASONS FOR ORDER AND ORDER BY: SIMPSON J. DATED: MONDAY, JUNE 2, 2003 APPEARANCES: Mr. John Guoba For the Applicants Mr. Marcel Larouche For the Respondent SOLICITORS OF RECORD: John Guoba Barrister & Solicitor Toronto, Ontario For the Applicants Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20030602 Docket: IMM-2667-02 BETWEEN: FRANCISCO JOSE HENAO TOBON ANGELA MARIA PAREDES GOMEZ JUAN PABLO MEJIA PAREDES MARIA MONICA HENAO PAREDES ALVARO ALEJANDRO MEJIA PAREDES and DANIEL HENAO PAREDES Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca