Barro v. Canada (Minister of Citizenship and Immigration)
Court headnote
Barro v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-09-22 Neutral citation 2005 FC 1304 File numbers IMM-2186-05 Decision Content Date: 20050922 Docket: IMM-2186-05 Citation: 2005 FC 1304 Toronto, Ontario, September 22, 2005 PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL BETWEEN: JERONIMO JAVIER CASAS BARRO Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant was attacked by members of the Judicial Police in Mexico, as a result of him observing them being involved in a suspected drug transaction. The Applicant reported the incident to the police. By whatever means, the report become known to the Judicial Police attackers, because a day after the report was filed, the Applicant's mother received a threat that the Applicant would be killed for filing the report, the report has now gone missing, and no one can protect him. [2] Thus, uncontested evidence exists that the s.97 risk that the Applicant might face if he returns to Mexico is not only from corrupt police, but corrupt police operating within an insecure reporting system specifically targeting the Applicant. [3] In reaching its conclusion, on a very general analysis, that state protection is available to the Applicant should he return to Mexico, the Refugee Protection Division completely failed to deal with the identified actual risk that the Applicant would face. As a result, I find …
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Barro v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-09-22 Neutral citation 2005 FC 1304 File numbers IMM-2186-05 Decision Content Date: 20050922 Docket: IMM-2186-05 Citation: 2005 FC 1304 Toronto, Ontario, September 22, 2005 PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL BETWEEN: JERONIMO JAVIER CASAS BARRO Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant was attacked by members of the Judicial Police in Mexico, as a result of him observing them being involved in a suspected drug transaction. The Applicant reported the incident to the police. By whatever means, the report become known to the Judicial Police attackers, because a day after the report was filed, the Applicant's mother received a threat that the Applicant would be killed for filing the report, the report has now gone missing, and no one can protect him. [2] Thus, uncontested evidence exists that the s.97 risk that the Applicant might face if he returns to Mexico is not only from corrupt police, but corrupt police operating within an insecure reporting system specifically targeting the Applicant. [3] In reaching its conclusion, on a very general analysis, that state protection is available to the Applicant should he return to Mexico, the Refugee Protection Division completely failed to deal with the identified actual risk that the Applicant would face. As a result, I find that the Refugee Protection Division's decision is patently unreasonable. ORDER Accordingly, I set aside the Refugee Protection Division's decision and refer the matter back to a differently constituted panel for redetermination. "Douglas R. Campbell" JUDGE FEDERAL COURT NAME OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2186-05 STYLE OF CAUSE: JERONIMO JAVIER CASAS BARRO Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 22, 2005 REASONS FOR ORDER AND ORDER: CAMPBELL J. DATED: September 22, 2005 APPEARANCES: Luis Antonio Monroy For the Applicant Sharon Stewart Guthrie For the Respondent SOLICITORS OF RECORD: Luis Antonio Monroy Barrister & Solicitor Toronto, Ontario For the Applicant John H. Sims, Q.C. Deputy Attorney General of Canada For the Respondent
Source: decisions.fct-cf.gc.ca