Federal Court Decisions

Date: 20060524

Docket: IMM-6043-05

Citation: 2006 FC 633

Ottawa, Ontario, May 24, 2006

PRESENT:      The Honourable Mr. Justice Phelan

BETWEEN:

ANDREA SOOS

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]                These are the brief reasons for my Order from the Bench granting the judicial review, quashing the decision Of the Immigration and Refugee Board (Board) and referring the matter back to the Board for a new determination.

[2]                The Applicant, a Hungarian national, is in Canada on a work permit. She claimed refugee protection on the basis that, if she returns to Hungary, her common-law spouse (who has returned to Hungary) will threaten and abuse her as he did in Canada.

[3]                The Board accepted her evidence of abuse but found that "The claimant has provided no evidence that Hungary will not offer protection to her if she were threatened by Gyula in Hungary today". That statement is plainly wrong as the Applicant did provide some internet articles showing problems with the Hungarian system for dealing with spousal abuse.

[4]                There was also evidence from the Board's own research group to the same effect. It was balanced with reference to Hungary's efforts on these issues, its control of its legal system, and its democratic nature, amongst other factors. Therefore, the evidence on state protection was at least equivocal.

[5]                While the Board's ultimate conclusion might have been sustainable, there was such a thin patina of analysis and a clearly incorrect statement of the evidence that this is an appropriate case to remit the matter back to the Board for a new determination.

[6]                The infirmities of the Board's decision were readily, and properly in my view, admitted by the Respondent's counsel in keeping with the duties of a Crown legal counsel. Counsel is to be complimented.

JUDGMENT

            IT IS ORDERED THAT the application for judicial review is granted, the Board's decision is quashed and the matter remitted to the Board consisting of a new panel for a new determination.

"Michael L. Phelan"

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-6043-05

STYLE OF CAUSE:                           ANDREA SOOS

                                                            and

                                                            THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                     Toronto, Ontario

DATE OF HEARING:                       May 23, 2006

REASONS FOR ORDER:                Phelan J.

DATED:                                              May 24, 2006

APPEARANCES:

Mr. Mark Rosenblatt	FOR THE APPLICANT
Mr. Bernard Assan	FOR THE RESPONDENT

SOLICITORS OF RECORD:

MR. MARK ROSENBLATT Barrister & Solicitor Toronto, Ontario	FOR THE APPLICANT
MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario	FOR THE RESPONDENT