COREY MOHASDAUS KEIL JOSETTE NEQUETT JAMES (A.K.A. JOSETTE NEQUETTE LYNETTE JAMES) Applicants v. THE MINISTER OF, 2015 FC 352

Date: 20150319 Docket: IMM-6316-13 Citation: 2015 FC 352 Toronto, Ontario, March 19, 2015 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: COREY MOHASDAUS KEIL JOSETTE NEQUETT JAMES (A.K.A. JOSETTE NEQUETTE LYNETTE JAMES) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [ 1 ] This is judicial review of a decision of a Member of the Refugee Protection Division dated August 1, 2013 wherein the Applicant’s claim for refugee protection in Canada was rejected. [ 2 ] The Applicants are adult citizens of St. Vincent.

The male Applicant served as a police officer there, the female Applicant is his finance. Both left St. Vincent in early 2012 and came to Canada where they sought refugee protection. [ 3 ] The Member found the Applicants both to be credible. The male Applicant, a police officer, was subjected to attacks on his person and his life by unknown assailants but probably gang members involved in the drug trade resentful of the “hot shot cop” .

In one such incident, the Applicants’ car was tampered with such that the brakes failed causing the vehicle to go over a cliff, nearly killing both Applicants. [ 4 ] The only issue is that of state of protection. The Member found that St. Vincent afforded adequate state protection to the Applicants. I find that determination to be unreasonable. The male Applicant, a police officer, made his situation known to police. Some protection was afforded. Then the incident with the tampered brakes to the Applicants’ vehicle occurred. The female Applicant made a fulsome complaint to the police.

The police response was that she should “probably leave for a while” to avoid the person or persons who sent e-mail messages such as “tell your fucking man don’t ask me who I am cause [I] am the man who is going to end both of u fucking world” . [ 5 ] In this case, the police told the police man and his fiancée to leave the country. Some protection! Quis custodiet ipsos custodies ? [ 6 ] Clearly state protection is inadequate for the Applicants. It is entirely unreasonable to expect them to return to St. Vincent. [ 7 ] The application is allowed. No party requested a certified question.

JUDGMENT THIS COURT THEREFORE ORDERS AND ADJUDGES that: 1. The application is allowed; 2. The matter is to be re-determined by a different Member mindful of these Reasons; 3. No question is certified; 4. No Order as to costs. "Roger T. Hughes" Judge FEDERAL COURT SOLICITORS OF RECORD

DOCKET: IMM-6316-13 STYLE OF CAUSE: COREY MOHASDAUS KEIL v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: March 19, 2015 JUDGMENT AND reasons: HUGHES J. DATED: March 19, 2015 APPEARANCES : Djawid Taheri For The Applicants Melissa Mathieu For The Respondent SOLICITORS OF RECORD : Djawid Taheri Barrister and Solicitor Toronto, Ontario For The Applicants William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent