Rivas c. Canada (Citizenship and Immigration)
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Rivas c. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-03-26 Neutral citation 2007 FC 323 File numbers IMM-3257-06 Decision Content Date: 20070326 Docket: IMM-3257-06 Citation: 2007 FC 323 [ENGLISH TRANSLATION] Montréal, Quebec, March 26, 2007 PRESENT: The Honourable Madam Justice Tremblay-Lamer BETWEEN: MYRNA RIVAS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This is an application for judicial review of a decision by the Refugee Protection Division (RPD) of the Immigration and Refugee Board whereby the applicant is not a Convention refugee or a person in need of protection, as defined in sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act). [2] In handling Carlos Reyes Rivas’ claim, the RPD also heard the claims of his daughter, Michelle Reyes (docket no. IMM-3256-06), and of the female applicant, Myrna Reyes, who support their claims on that of the male applicant. Consequently, the reasons in docket IMM-3255-06 apply mutatis mutandis to this matter. [3] For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel. JUDGEMENT The application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel. “Danièle Tremblay-Lamer” Judge FEDERAL C…
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Rivas c. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-03-26 Neutral citation 2007 FC 323 File numbers IMM-3257-06 Decision Content Date: 20070326 Docket: IMM-3257-06 Citation: 2007 FC 323 [ENGLISH TRANSLATION] Montréal, Quebec, March 26, 2007 PRESENT: The Honourable Madam Justice Tremblay-Lamer BETWEEN: MYRNA RIVAS Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT AND JUDGMENT [1] This is an application for judicial review of a decision by the Refugee Protection Division (RPD) of the Immigration and Refugee Board whereby the applicant is not a Convention refugee or a person in need of protection, as defined in sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act). [2] In handling Carlos Reyes Rivas’ claim, the RPD also heard the claims of his daughter, Michelle Reyes (docket no. IMM-3256-06), and of the female applicant, Myrna Reyes, who support their claims on that of the male applicant. Consequently, the reasons in docket IMM-3255-06 apply mutatis mutandis to this matter. [3] For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel. JUDGEMENT The application for judicial review is allowed. The decision is set aside, and the matter is sent back for redetermination before a newly constituted panel. “Danièle Tremblay-Lamer” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-3257-06 STYLE OF CAUSE: MYRNA RIVAS v. M.C.I. PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 13, 2007 REASONS FOR JUDGMENT AND JUDGMENT: TREMBLAY-LAMER J. DATED: March 26, 2007 APPEARANCES: William Sloan FOR THE APPLICANT Daniel Latulippe FOR THE RESPONDENT SOLICITORS OF RECORD: William Sloan Montréal, Quebec FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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