Federal Court Decisions

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"

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