Esparza Ramos v. Canada (Citizenship and Immigration)

Esparza Ramos v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2008-04-03
Neutral citation
2008 FC 423
File numbers
IMM-4179-07
Decision Content
Date: 20080403
Docket: IMM-4179-07
Citation: 2008 FC 423
Montréal, Quebec, the 3rd day of April 2008
Present: the Honourable Madam Justice Tremblay-Lamer
BETWEEN:
Francisco Javier ESPARZA RAMOS
Veronica Guadal GUTIERREZ PENA
Katia Dennis ESPARZA
Yerson Jaaziel ESPARZA GUTIERREZ
Applicants
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review from a decision by the Refugee Protection Division (the panel) which dismissed the applicants’ claim that they did not have the status of “Convention refugees” nor of “persons in need of protection” within the meaning of sections 96 and 97 of the Immigration and Refugee Protection Act.
[2] The panel’s decision is based essentially on the lack of credibility of the principal applicant.
[3] The panel noted several contradictions or improbabilities which the applicant could not satisfactorily explain. The first contradiction noted was not a contradiction.
[4] During the hearing, the panel stressed despite the applicant’s objection that he had stated in his Personal Information Form that he had had problems with his father’s boss. In its reasons, the panel stated that this was a significant contradiction which undermined his credibility.
[5] It was admitted by the respondent that the panel erred on this point since it was apparent from the record that the applicant had written that the problem was with the “PRD” boss.
[6] This point was central to the applicant’s claim. It is hard for this Court to assess to what extent this error in the consideration of such an important fact had an impact on the finding that the principal applicant lacked credibility.
[7] As in Johnson v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1920, I feel that this error vitiates the decision as a whole.
ORDER
THE COURT ORDERS that:
1. the application for judicial review is allowed;
2. the panel’s decision is set aside and the matter referred back to a panel of different members for reconsideration.
“Danièle Tremblay-Lamer”
Judge
Certified true translation
Brian McCordick, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4179-07
STYLE OF CAUSE: Francisco Javier ESPARZA RAMOS
v. M.C.I.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 2, 2008
REASONS FOR ORDER
AND ORDER BY: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
DATED: April 3, 2008
APPEARANCES:
Éveline Fiset
FOR THE APPLICANTS
Édith Savard
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Éveline Fiset
Montréal, Quebec
FOR THE APPLICANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT