Federal Court Decisions

Date: 20050210

Docket: IMM-2559-04

Citation: 2005 FC 215

Toronto, Ontario, February 10^th, 2005

Present:           The Honourable Mr. Justice Campbell        

BETWEEN:

                                                             ANTON PERJAKU

                                                                                                                                            Applicant

                                                                           and

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                            REASONS FOR ORDER AND ORDER

[1]                In the present case, the Applicant claims a well founded fear of persecution at the hands of the socialist government and police in Albania by reason of his political opinion as a supporter of the Legality Party (LP). In its decision, the Refugee Protection Division ("RPD") found that the Applicant was a member of the Youth Forum of the LP prior to his leaving Albania and claiming refugee protection in Canada.

[2]                In the Applicant's PIF, a claim for refugee protection is clearly made on the basis of evidence submitted that there exists a coalition between the LP and the Democratic Party, and members of the Democratic Party are subject to persecution by Albanian state authorities. Indeed, in the hearing before the RPD, Counsel for the Applicant argued that the Applicant's claim for refugee protection should be accepted because police in Albania do not differentiate between members of the LP and members of the Democratic Party.

[3]                However, with regard to the Applicant's return to Albania, and his prospective fear of persecution under s.96 of IRPA, and risk under s.97, the RPD's decision is devoid of any consideration of the possible consequences faced by members of groups who are part of the coalition with the Democratic Party, including the Applicant as a member of the LP. In my opinion, the RPD's failure to deal with this essential feature of the Applicant's claim is a reviewable error.

                                                                       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-2559-04

STYLE OF CAUSE:                             ANTON PERJAKU

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

DATE OF HEARING:                         FEBRUARY 8, 2005

PLACE OF HEARING:                       TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                                CAMPBELL J.

DATED:                                                FEBRUARY 10, 2005

APPEARANCES BY:                      

Clifford Luyt                                          For the Applicant

Stephen Jarvis                           For the Respondent

SOLICITORS OF RECORD:                                                                                                                                  

Waldman & Associates

Toronto, Ontario                                   For the Applicant

John H. Sims, Q.C.                                                      

Toronto, Ontario                                   For the Respondent