Federal Court Decisions

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Date: 20120405

Docket: IMM-4577-11

Citation: 2012 FC 395

Toronto, Ontario, April 5, 2012

PRESENT:     The Honourable Madam Justice Heneghan

BETWEEN:

FERNANDA PEREIRA DOS SANTOS

 

Applicant

 

and

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

Respondent

 

 

REASONS FOR JUDGMENT AND JUDGMENT

 

 

[1]               Ms. Fernanda Pereira Dos Santos (the “Applicant”) seeks judicial review of the decision of the Refugee Protection Division of the Immigration and Refugee Board, (the “Board”) pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001 c. 27, (the “Act”) determining that she is not a Convention refugee and not in need of protection pursuant to sections 96 and 97 of the Act.

 

[2]               The Applicant is a citizen of Brazil. She entered Canada as a visitor in 2004. She submitted her claim for refugee protection on February 6, 2009. Following a hearing before the Board on May 2, 2011, her claim was denied by a decision dated May 30, 2011.

 

[3]               The Applicant claims to fear her former boyfriend who is also the father of her child. She alleges that he will find her in Brazil and remove the child from her care and custody.

 

[4]               The Board found that the determinative issue in this case was state protection, specifically the future-looking nature of the claim since the Applicant’s fear arose while she was living in Canada with her child. The Board found that documentary evidence shows support for women facing gender related violence and legislation supporting children’s rights.

 

[5]               The Board’s finding on state protection is the dispositive issue in this application for judicial review. That finding, being a question of mixed fact and law, is reviewable on the standard of reasonableness (see Canada (Minister of Citizenship and Immigration) v. Khosa, [2009] 1 S.C.R. 339). This means that the reviewing Court is to assess the challenged decision in terms of justification, transparency and intelligibility; it is not open to it to substitute its own view of a preferable outcome (Khosa, at para. 59).

 

[6]               Having regard to the evidence before the Board, that is the Applicant’s Personal Information Form (“PIF”), the documentary evidence and the Applicant’s oral testimony, I am not persuaded that the Board committed any reviewable error. It assessed the Applicant’s personal circumstances against the documentary evidence about the availability of state protection that is protection from state agencies including the police, and the contemporary legislative framework and access to courts. I reject the Applicant’s submission that the Board provided only a “laundry list” of the documentary evidence relative to the efforts by Brazil to address violence against women, without analyzing that documentary evidence.

 

[7]               In the result, the application for judicial review is dismissed. There is no question for certification arising.

 

 


JUDGMENT

 

            The application for judicial review of the decision of the Refugee Protection Division of the Immigration and Refugee Board is dismissed. There is no question for certification arising in this case.

“E. Heneghan”

Judge

 


 

 



 

 

FEDERAL COURT

 

NAME OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-4577-11

 

STYLE OF CAUSE:                          FERNANDA PEREIRA DOS SANTOS v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      April 3, 2012

 

REASONS FOR JUDGMENT

AND JUDGMENT:                          Heneghan J.

 

DATED:                                             April 5, 2012

 

 

 

APPEARANCES:

 

Hart A. Kaminker                                                         FOR THE APPLICANT

 

Julie Waldman                                                  FOR THE RESPONDENT

 

 

 

SOLICITORS OF RECORD:

 

Barrister and Solicitor                                                   FOR THE APPLICANT

Toronto, Ontario

 

Myles J. Kirvan                                                            FOR THE RESPONDENT

Deputy Attorney General of Canada

 

 

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