Sunday, February 19, 2012

Martinez Lucas—persuasive decision

Martinez Lucas v. Canada (Citizenship and Immigration), 2011 FC 1443

Judge: Justice Boivin; Date heard: December 5, 2011; Date decided: December 19, 2011; Counsel for Martinez Lucas: Alain Joffe; Counsel for Minister: Daniel Latulippe & Lyne Prince; Place of Hearing: Montréal, Quebec.

The Applicants were citizens of Mexico, whose claims were denied on the basis of lack of credibility and state protection. The court found no flaw in the credibility analysis, but overturned the decision on the issue of state protection.

In making its finding on state protection, the RPD had relied on a persuasive decision on state protection in Mexico. The Court found it had erred in doing so:

…In so doing, the panel failed to explain the content of the decision in file TA6-07453, failed to draw any parallels between that case and the present case and/or failed to provide the balanced approach that was required. The panel erred by taking this shortcut and adopting such an expeditious approach (para. 26).

The decision was therefore overturned.

1 comment:

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