Eminidis v. Canada (Minster of Citizenship and Immigration)
Court headnote
Eminidis v. Canada (Minster of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-09-11 Neutral citation 2001 FCT 1010 File numbers IMM-5228-00 Decision Content Date: 20010911 Docket: IMM-5228-00 Neutral citation: 2001 FCT 1010 BETWEEN: VLADIMIROS EMINIDIS ELZA EMINIDI ANDREAS EMINIDIS MARIA EMINIDOU Plaintiff - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant ORDER AND REASONS FOR ORDER NADON J. [1] The plaintiffs' application for judicial review is allowed. [2] As the tribunal concluded that there was a reasonable fear of persecution in the event of a return to Russia because of the principal plaintiff's political opinions, it could not in my opinion conclude that the said persecution, when occurring in Greece, could not be related to one of the grounds of persecution mentioned in the Convention. [3] In my view, the tribunal made an error of law that justifies this Court's intervention. If the tribunal considered that the plaintiffs did not show that the Greek government could not protect them, it only had to say so. [4] Consequently, the tribunal's decision of September 7, 2000 is quashed and the matter referred back to a new panel for reconsideration. Marc Nadon Judge O T T A W A, Ontario September 11, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT No.: IMM-5228-00 STYLE OF CAUSE: VLADIMIROS ET AL. v. MCI PLACE OF HEARING: O…
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Eminidis v. Canada (Minster of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-09-11 Neutral citation 2001 FCT 1010 File numbers IMM-5228-00 Decision Content Date: 20010911 Docket: IMM-5228-00 Neutral citation: 2001 FCT 1010 BETWEEN: VLADIMIROS EMINIDIS ELZA EMINIDI ANDREAS EMINIDIS MARIA EMINIDOU Plaintiff - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant ORDER AND REASONS FOR ORDER NADON J. [1] The plaintiffs' application for judicial review is allowed. [2] As the tribunal concluded that there was a reasonable fear of persecution in the event of a return to Russia because of the principal plaintiff's political opinions, it could not in my opinion conclude that the said persecution, when occurring in Greece, could not be related to one of the grounds of persecution mentioned in the Convention. [3] In my view, the tribunal made an error of law that justifies this Court's intervention. If the tribunal considered that the plaintiffs did not show that the Greek government could not protect them, it only had to say so. [4] Consequently, the tribunal's decision of September 7, 2000 is quashed and the matter referred back to a new panel for reconsideration. Marc Nadon Judge O T T A W A, Ontario September 11, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT No.: IMM-5228-00 STYLE OF CAUSE: VLADIMIROS ET AL. v. MCI PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 10, 2001 ORDER AND REASONS FOR ORDER BY: NADON J. DATED: September 11, 2001 APPEARANCES: Michel Lebrun FOR THE PLAINTIFF Guy Lamb FOR THE DEFENDANT SOLICITORS OF RECORD: Michel Lebrun FOR THE PLAINTIFF Montréal, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca