Toronto, Ontario, September 22, 2005
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant was attacked by members of the Judicial Police in Mexico, as a result of him observing them being involved in a suspected drug transaction. The Applicant reported the incident to the police. By whatever means, the report become known to the Judicial Police attackers, because a day after the report was filed, the Applicant's mother received a threat that the Applicant would be killed for filing the report, the report has now gone missing, and no one can protect him.
[2] Thus, uncontested evidence exists that the s.97 risk that the Applicant might face if he returns to Mexico is not only from corrupt police, but corrupt police operating within an insecure reporting system specifically targeting the Applicant.
[3] In reaching its conclusion, on a very general analysis, that state protection is available to the Applicant should he return to Mexico, the Refugee Protection Division completely failed to deal with the identified actual risk that the Applicant would face. As a result, I find that the Refugee Protection Division's decision is patently unreasonable.
ORDER
Accordingly, I set aside the Refugee Protection Division's decision and refer the matter back to a differently constituted panel for redetermination.
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2186-05
STYLE OF CAUSE: JERONIMO JAVIER CASAS BARRO
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 22, 2005
APPEARANCES:
Luis Antonio Monroy For the Applicant
Sharon Stewart Guthrie For the Respondent
SOLICITORS OF RECORD:
Luis Antonio Monroy
Barrister & Solicitor
Toronto, Ontario For the Applicant
John H. Sims, Q.C.
Deputy Attorney General
of Canada For the Respondent