CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Quintero v. Canada (Minister of Citizenship and Immigration)
IMM-1534-03
2004 FC 568, Harrington J.
15/4/4
10 pp.
Judicial review of decision by Immigration and Refugee Board (IRB) (B.T.C. (Re), [2003] R.P.D.D. No. 213 (QL)) applicant not "Convention refugee" within meaning of Immigration and Refugee Protection Act (Act), s. 96, not "person in need of protection" within meaning of Act, s. 97-- Applicant citizen of Colombia, engaged to one Andres Puerta Zapata (Zapata)--Following dispute, Zapata hit applicant, repeated act on several occasions in course of relationship, until applicant left home--On April 10, 2001, Revolutionary Armed Forces of Columbia (FARC) slipped letter under apartment door demanding money to assure applicant's safety--Zapata indifferent to event, told applicant should pay--Applicant not able to confirm that Zapata and his friends part of FARC group, but fearing for life, left apartment and returned to live with parents--Applicant received phone call from Zapata informing her he knew applicant resigned from position, filed police report, applicant now in danger-- Applicant stated she left country on August 20, 2001, arriving in Canada same day--IRB doubted applicant's credibility as applicant apparently left country due to extortion but also for fear of conjugal violence--As for Zapata's very existence, applicant had no tangible evidence of Zapata's existence, and police report did not refer to incidents of conjugal violence, possibility Zapata tied to FARC--Police report stating applicant victim of extortion by FARC--IRB erred in finding applicant wrote report intended for police, report contradicted applicant's story--Applicant justified in questioning panel's role as "laboratory of documentary expertise"--IRB wrote at paragraph 25 of decision: "When comparing the colour copies, the logo from the originals produced by the claimant at the hearing showed a greenish yellow band rather than a pure yellow in the copy produced from the Web site."--Panel expert neither in printing nor in website design--Clear and patently unreasonable error--Further, IRB not allowing applicant to address issue, not giving her opportunity to respond--Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97.