Date: 19980716
Docket: IMM-4548-97
BETWEEN:
MANJIT KAUR GORAYA,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
CAMPBELL, J.
[1] The claimant alleges a well founded fear of persecution on the grounds of political opinion and membership of a particular social group, specifically her family.
[2] Respecting the claim of persecution on the basis of membership in a particular social group, there is a paucity of analysis and indeed no precise decision provided on this issue. On the record there is ample evidence of continuing police contact with family members in India. I find the decision is unresponsive to this evidence.
[3] Accordingly, under section 18.1(4)(d) of the Federal Court Act, I find that the panel's decision in this case was made without regard for the material before it. Thus, the decision is set aside and the matter is referred to a differently constituted panel for redetermination.
(Sgd.) "Douglas Campbell"
Judge
Vancouver, British Columbia
July 16, 1998
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-4548-97
STYLE OF CAUSE: Manjit Kaur Goraya
| v. |
| The Minister of Citizenship and Immigration |
| PLACE OF HEARING: Vancouver, BC |
| DATE OF HEARING: July 14, 1998 |
REASONS FOR ORDER AND ORDER OF THE COURT BY:
CAMPBELL, J.
| DATED: July 16, 1998 |
APPEARANCES:
| Paul Sandhu for Applicant |
| Sandra Weafer for Respondent |
SOLICITORS OF RECORD:
| Paul Sandhu for Applicant |
| Kang & Company |
| Morris Rosenberg for Respondent |
Deputy Attorney General of Canada