Federal Court


Immigration

PERSON IN NEED OF PROTECTION
Board under obligation to explain why it had ignored evidence which corroborated applicants’ allegations

Applicants were a family from Mexico. Father had filed complaint against two police officers in Mexico who he claimed had threatened him and attempted to murder him. One of the police officers then raped his daughter. Family fled to Canada. Refugee claim was dismissed as it was found that they had internal flight alternative. Applicants brought present application for judicial review. Application allowed. Board failed to explain why it did not accept the pertinent evidence which fully supported the applicants’ arguments. Board was under an obligation to explain why it had ignored evidence which corroborated the applicants’ allegations. This omission constituted reviewable error.


Yanez v. Canada (Minister of Citizenship and Immigration)

(July 4, 2011, F.C., Lemieux J., File No. IMM-5539-10) Reasons in French. 203 A.C.W.S. (3d) 815 (6 pp.).

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