John v. Canada (Minister of Citizenship and Immigration)

John v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2005-04-21
Neutral citation
2005 FC 547
File numbers
IMM-1252-04
Decision Content
Date: 20050421
Docket: IMM-1252-04
Citation: 2005 FC 547
Toronto, Ontario, April 21st, 2005
Present: The Honourable Mr. Justice Campbell
BETWEEN:
CARLEENE JOHN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant claims refugee protection on the ground of gender persecution. The record before the Refugee Protection Division ("RPD") proves that the Applicant has suffered horrific violence at the hand of her mother when she was a resident in St. Vincent. There is ample evidence of prospective subjective and objective fear should she return there.
[2] It is uncontested that the RPD made a critical error of fact in finding that the Applicant only sought state protection on one occasion. In fact, the Applicant's PIF and oral testimony proves that she sought police protection at least three times, and each time she was ignored.
[3] As a result, I find the RPD's decision is patently unreasonable.
ORDER
Accordingly, I set aside the RPD's decision and refer the matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-1252-04
STYLE OF CAUSE: CARLEENE JOHN
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: APRIL 21, 2005
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: APRIL 21, 2005
APPEARANCES BY:
Helen Kim FOR THE APPLICANT
Michael Butterfield FOR THE RESPONDENT
SOLICITORS OF RECORD:
Helen Kim
Law Office
Toronto, Ontario FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT