Correa Juarez c. Canada (Citizenship and Immigration), 2010 FC 890 (2010)

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Correa Juarez c. Canada (Citizenship and Immigration), 2010 FC 890 (2010)

Federal Court - Correa Juarez v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2010/2010fc890/2010fc890.html

Federal Court

Cour fédérale

Date: 20100910

Docket: IMM-5-10

Citation: 2010 FC 890

Ottawa, Ontario , September 10, 2010

PRESENT: The Honourable Mr. Justice Kelen

BETWEEN:

JAZMIN ALEJANDRA CORREA JUAREZ

MERCEDES MONSERRATH CHAVEZ CORREA

VALERIA GORETTI CHAVEZ CORREA

Applicants and

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the RPD) dated December 8, 2009 concluding that the applicants are not Convention refugees or persons in need of protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27 because of lack of credibility and lack of a subjective fear.

FACTS

Background

[2] The applicants are citizens of Mexico . Twenty-eight (28) year old Ms. Jazmin Alejandra Correa Juarez is the applicant mother who is a nurse by profession. She has two daughters, six (6) year old Mercedes Monserrath Chavez Correa and five (5) year old Valeria Goretti Chavez Correa, who are also applicants. The applicants arrived in Canada on January 29, 2008 and immediately made a claim for refugee status, which was joined with the already existing refugee claim of Mr. Fransisco Javier Chavez Ramirez (Mr. Chavez), the common law spouse of the applicant mother and the father of the applicant daughters.

[3] The applicants cohabited with Mr. Chavez in the City La Purisima, in th...

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