| Citation: |
Castillo Mendoza v. Canada (citizenship and immigration), 2010 FC 648, [2010] 3 F.C.R. D-11 |
IMM-6696-09 |
CITIzEnShIp anD ImmIGraTIon
Status in Canada
Convention Refugees
Judicial review of decision from Refugee Protection Division, Immigration and Refugee Board (Board) rejecting applicants claim as convention refugees, persons in need of protection within meaning of Immigration and Refugee Protection Act, S.C. 2001, c. 27—Claim based on kidnapping, extortion of principal applicant by police—Board finding kidnappings, including those by police, prevalent problem in Mexico, affecting all social classes, therefore not captured by s. 97—Crime not becoming particularized persecution simply because criminals following victims over geographic distance—However, Board erring by not reconciling its decision with persuasive Board decision on availability of state protection in Mexico, other decisions relying upon it—Such decisions not binding, but goal of administrative consistency requiring treatment of similar factual, legal situations in consistent manner, especially in case of persuasive decisions—If Board markedly departing from relevant persuasive decision, some level of explanation required—No such explanation provided herein—Board’s conclusion unreasonable, not falling within range of possible, acceptable outcomes—Application allowed.
Castillo Mendoza v. Canada (Citizenship and Immigration) (IMM-6696-09, 2010 FC 648, Zinn J., judgment dated June 15, 2010, 18 pp.)