Jauregui v. Canada (Minister of Citizenship and Immigration)
Court headnote
Jauregui v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-07-31 Neutral citation 2003 FC 940 File numbers IMM-5922-02 Decision Content Date: 20030731 Docket: IMM-5922-02 Citation: 2003 FC 940 Vancouver, British Columbia, Thursday, the 31st day of July, 2003 Present: THE HONOURABLE MR. JUSTICE CAMPBELL BETWEEN: MARICELA RAMOS JAUREGUI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present PRAA decision under review concerns a citizen of Mexico who has suffered extreme violence at the hand of her husband. The issue before the PRAA officer was whether an internal flight alternative is available to her somewhere in Mexico. [2] In reaching a decision, I find that the PRAA officer was required to conduct a thorough analysis of the reality of the Applicant's situation. This reality includes an evaluation of the risk to the Applicant's life should her husband find her, such risk being relative to her husband's power and domination needs and the degree to which he is found to be compelled to exercise them. [3] As the present decision does not include this required analysis, I find it is made in reviewable error. ORDER Accordingly, I set aside the PRAA decision under review and refer the matter back for re-determination. (Sgd.) "Douglas R. Campbell" Judge I HEREBY CERTIFY that the above document is a true copy of the original filed of record in the Registry of the Feder…
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Jauregui v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-07-31 Neutral citation 2003 FC 940 File numbers IMM-5922-02 Decision Content Date: 20030731 Docket: IMM-5922-02 Citation: 2003 FC 940 Vancouver, British Columbia, Thursday, the 31st day of July, 2003 Present: THE HONOURABLE MR. JUSTICE CAMPBELL BETWEEN: MARICELA RAMOS JAUREGUI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present PRAA decision under review concerns a citizen of Mexico who has suffered extreme violence at the hand of her husband. The issue before the PRAA officer was whether an internal flight alternative is available to her somewhere in Mexico. [2] In reaching a decision, I find that the PRAA officer was required to conduct a thorough analysis of the reality of the Applicant's situation. This reality includes an evaluation of the risk to the Applicant's life should her husband find her, such risk being relative to her husband's power and domination needs and the degree to which he is found to be compelled to exercise them. [3] As the present decision does not include this required analysis, I find it is made in reviewable error. ORDER Accordingly, I set aside the PRAA decision under review and refer the matter back for re-determination. (Sgd.) "Douglas R. Campbell" Judge I HEREBY CERTIFY that the above document is a true copy of the original filed of record in the Registry of the Federal Court on the _______ day of ___________ A.D. 20 ____ Dated this _______ day of ____________ 20 ____ Julia Platt, Senior Registry Officer FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-5922-02 STYLE OF CAUSE: MARICELA RAMOS JAUREGUI v. MCI PLACE OF HEARING: Vancouver, BC DATE OF HEARING: July 31, 2003 REASONS FOR ORDER AND ORDER: CAMPBELL J. DATED: July 31, 2003 APPEARANCES: Mr. Martin J. Bauer FOR APPLICANT Ms. Banafsheh Sokhansanj FOR RESPONDENT SOLICITORS OF RECORD: Martin J. Bauer FOR APPLICANT Barrister & Solicitor Vancouver, BC Morris Rosenberg FOR RESPONDENT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca