Reyes v. Canada (Citizenship and Immigration)
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Reyes v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-03-26 Neutral citation 2007 FC 322 File numbers IMM-3256-06 Decision Content Date: 20070326 Docket: IMM-3256-06 Citation: 2007 FC 322 Montréal, Quebec, the 26th day of March 2007 PRESENT: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER BETWEEN: MICHELLE ANAÏS REYES 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 that the applicant was neither a “Convention refugee” nor 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 (IRPA). [2] In dealing with the claim of Carlos Reyes Rivas, the RPD also disposed of the claims of his daughter Michelle Reyes and of the applicant Myrna Reyes (docket number IMM-3257-06), who based their claims on that of the applicant. As a result, the reasons given in docket IMM-3255-06 apply mutatis mutandis to the present matter. [3] For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is referred for redetermination before a differently constituted panel. JUDGMENT The application for judicial review will be allowed. The decision is set aside, and the matter is referred for redetermination before a differently constituted panel. "Danièle …
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Reyes v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-03-26 Neutral citation 2007 FC 322 File numbers IMM-3256-06 Decision Content Date: 20070326 Docket: IMM-3256-06 Citation: 2007 FC 322 Montréal, Quebec, the 26th day of March 2007 PRESENT: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER BETWEEN: MICHELLE ANAÏS REYES 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 that the applicant was neither a “Convention refugee” nor 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 (IRPA). [2] In dealing with the claim of Carlos Reyes Rivas, the RPD also disposed of the claims of his daughter Michelle Reyes and of the applicant Myrna Reyes (docket number IMM-3257-06), who based their claims on that of the applicant. As a result, the reasons given in docket IMM-3255-06 apply mutatis mutandis to the present matter. [3] For these reasons, the application for judicial review is allowed. The decision is set aside, and the matter is referred for redetermination before a differently constituted panel. JUDGMENT The application for judicial review will be allowed. The decision is set aside, and the matter is referred for redetermination before a differently constituted panel. "Danièle Tremblay-Lamer" Judge Certified true translation Susan Deichert, Reviser FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-3256-06 STYLE OF CAUSE: MICHELLE ANAÏS REYES v. M.C. I. PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 13, 2007 REASONS FOR JUDGMENT AND JUDGMENT BY: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER 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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