Shallow v. Canada (Minister of Citizenship and Immigration)
Court headnote
Shallow v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-12-14 Neutral citation 2005 FC 1691 File numbers IMM-1679-05 Decision Content Date: 20051214 Docket: IMM-1679-05 Citation: 2005 FC 1691 Toronto , Ontario, December 14, 2005 PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL BETWEEN: KYLE ANTONIO SHALLOW Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a ten year old citizen of St. Vincent, is seeking protection from a death threat made by his mother's ex-boyfriend who lives in St. Vincent. In dismissing the child's claim for protection, the Refugee Protection Division ("RPD") found that state protection is available to him in St. Vincent. The RPD characterized the death threat as "domestic violence" since it occurred inside a familial relationship. [2] In its decision, the RPD found that the police in St. Vincent respond adequately to the problem of domestic violence; there is no mention in the reasons of any conflicting evidence with respect to this conclusion. However, the RPD's source of the evidence specifically quoted by it in reaching the conclusion just mentioned contains sharply conflicting evidence of the situation of state protection for domestic violence in St. Vincent (Applicant's Application Record, pp. 29-32). As a result, I find that the RPD's conclusion that state protection is available in the present case is made wit…
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Shallow v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2005-12-14
Neutral citation
2005 FC 1691
File numbers
IMM-1679-05
Decision Content
Date: 20051214
Docket: IMM-1679-05
Citation: 2005 FC 1691
Toronto , Ontario, December 14, 2005
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
KYLE ANTONIO SHALLOW
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant, a ten year old citizen of St. Vincent, is seeking protection from a death threat made by his mother's ex-boyfriend who lives in St. Vincent. In dismissing the child's claim for protection, the Refugee Protection Division ("RPD") found that state protection is available to him in St. Vincent. The RPD characterized the death threat as "domestic violence" since it occurred inside a familial relationship.
[2] In its decision, the RPD found that the police in St. Vincent respond adequately to the problem of domestic violence; there is no mention in the reasons of any conflicting evidence with respect to this conclusion. However, the RPD's source of the evidence specifically quoted by it in reaching the conclusion just mentioned contains sharply conflicting evidence of the situation of state protection for domestic violence in St. Vincent (Applicant's Application Record, pp. 29-32). As a result, I find that the RPD's conclusion that state protection is available in the present case is made without regard of the totality of the evidence on the record. Therefore, I find that the RPD's decision is made in reviewable error.
ORDER
Accordingly, the RPD's decision is set aside and the matter is referred back to a differently constituted panel for re-determination.
"Douglas R. Campbell"
JUDGE
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1679-05
STYLE OF CAUSE: KYLE ANTONIO SHALLOW
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: DECEMBER 14, 2005
REASONS FOR ORDER
AND ORDER: CAMPBELL J.
DATED: DECEMBER 14, 2005
APPEARANCES:
C. Julian Jubenville
FOR THE APPLICANT
Amy Lambiris
FOR THE RESPONDENT
SOLICITORS OF RECORD:
C. Julian Jubenville
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