Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of decision by Immigration and Refugee Board applicant neither Convention refugee nor person in need of protection—Applicant citizen of Mexico, alleging abuse by ex-boyfriend, making refugee claim in Canada—Board finding no nexus between applicant’s claim, one or more of Convention grounds under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 96—State protection analysis, finding reasonable on basis of evidence before Board—However, Board’s conclusion unreasonable—Board giving no consideration to s. 96, much less to issue of nexus between applicant’s claim, any of Convention grounds—Board’s errors egregious, explanation for errors speculative, consequences to applicant important—Application allowed.
Aguilar v. Canada (Minister of Citizenship and Immigration) (IMM-3316-08, 2009 FC 85, Phelan J., judgment dated January 27, 2009, 7 pp.)