Mortera Sanchez v. Canada (Citizenship and Immigration)
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Mortera Sanchez v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-04-03 Neutral citation 2008 FC 426 File numbers IMM-3545-07 Decision Content Date: 20080403 Docket: IMM-3545-07 Citation: 2008 FC 426 Toronto, Ontario, April 3, 2008 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: ELISA DEL CARMEN MORTERA SANCHEZ Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a young refugee claimant from Mexico who claims s.96 and s.97 protection from a man who was violent during her relationship with him. The Applicant did not seek stay protection in Mexico before fleeing to Canada because she believed that the Mexican police cannot, or will not, provide effective protection for women suffering spousal violence. To explain this action, and, indeed, to prove the merits of her claim, the Applicant filed extensive evidence with the RPD to prove that her unwillingness to seek state protection in Mexico was reasonable, and also to provide clear and convincing proof that no effective protection is available to her should she be required to return to Mexico. [2] The result of the present judicial review turns on the fact that the RPD failed to acknowledge the Applicant’s evidence of risk, let alone provide critical analysis of it as it is required to do. As a result, I find the decision is made in reviewable error. ORDER Accordingly, the decision under review is set…
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Mortera Sanchez v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-04-03 Neutral citation 2008 FC 426 File numbers IMM-3545-07 Decision Content Date: 20080403 Docket: IMM-3545-07 Citation: 2008 FC 426 Toronto, Ontario, April 3, 2008 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: ELISA DEL CARMEN MORTERA SANCHEZ Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a young refugee claimant from Mexico who claims s.96 and s.97 protection from a man who was violent during her relationship with him. The Applicant did not seek stay protection in Mexico before fleeing to Canada because she believed that the Mexican police cannot, or will not, provide effective protection for women suffering spousal violence. To explain this action, and, indeed, to prove the merits of her claim, the Applicant filed extensive evidence with the RPD to prove that her unwillingness to seek state protection in Mexico was reasonable, and also to provide clear and convincing proof that no effective protection is available to her should she be required to return to Mexico. [2] The result of the present judicial review turns on the fact that the RPD failed to acknowledge the Applicant’s evidence of risk, let alone provide critical analysis of it as it is required to do. As a result, I find the decision is made in reviewable error. ORDER Accordingly, the decision under review is set aside and referred back for re-determination by a differently constituted panel. “Douglas R. Campbell” Judge FEDERAL COURT NAME OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3545-07 STYLE OF CAUSE: ELISA DEL CARMEN MORTERA SANCHEZ v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: APRIL 1, 2008 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: APRIL 3, 2008 APPEARANCES: ROBERT GERTLER FOR THE APPLICANT TAMRAT GEBEYEHU FOR THE RESPONDENT SOLICITORS OF RECORD: ROBERT GERTLER & ASSOCIATES BARRISTERS AND SOLICITORS ETOBICOKE, ONTARIO FOR THE APPLICANT JOHN H. SIMS, Q.C. DEPUTY ATTORNEY GENERAL OF CANADA FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca