Date: 20050421
Docket: IMM-9461-03
Citation: 2005 FC 546
Toronto, Ontario, April 21st, 2005
Present: The Honourable Mr. Justice Campbell
BETWEEN:
ASMAROU, BASIMA
KAK'HANNA, OVEE (AUVI)
KAK'HANNA, VALNAR
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, two of the Applicants claim refugee protection as women in Iraq, and all the Applicants claim refugee protection as Christians in Iraq.
[2] In its decision of October 20, 2003, the Refugee Protection Division ("RPD") agreed that there was evidence on the record before it that some women in Iraq, including Christian women, are under a demand to veil, and, in addition, are subject to rape and kidnapping. With respect to what is necessary before persecution can be found, the RPD said this:
However, in the panel's opinion, this documentary evidence cannot be extrapolated to indicate that all Iraqi women, specifically all Christian Iraqi women, have a well founded fear of persecution or are in need of protection.
(Decision, p. 10)
This notion that all women must be proved to suffer before refugee protection can be granted for one, was repeated six more times in the decision.
[3] I find that the RPD made an error in law in concluding that it was necessary to prove that all Iraqi women, specifically all Christian Iraqi women, are subject to persecutorial conduct before the female Applicants can be successful in their claims. The correct legal test is that only more than a mere possibility of persecution must be found in order to grant refugee protection.
[4] As a result, I find the RPD's decision is patently unreasonable.
ORDER
Accordingly, I set aside the RPD's decision, and refer the matter back to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-9461-03
STYLE OF CAUSE: ASMAROU, BASIMA
KAK' HANNA, OVEE (AUVI)
KAK' HANNA, VALNAR
Applicants
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: APRIL 20, 2005
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: APRIL 21, 2005
APPEARANCES BY:
Ghina Al-Sewaidi FOR THE APPLICANTS
Claire A.H. le Richie FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ghina Al-Sewaidi
Professional Corp.
Toronto, Ontario FOR THE APPLICANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT