Date: 20050623
Docket: IMM-6537-04
Citation: 2005 FC 889
Toronto, Ontario, June 23rd, 2005
Present: The Honourable Mr. Justice Campbell
BETWEEN:
BLESSING OSAGIE
Applicant
and
THE SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant, a citizen of Nigeria, applied for refugee protection on the ground of her gender. As set out in her "Personal Narrative" (Tribunal Record, p. 25) the Applicant supplied evidence that she has suffered horrific abuse at the hands of her common-law partner. The Applicant's claim for refugee protection was ultimately determined to be abandoned due to circumstances which were beyond her control. The present Application concerns the subsequent decision of a Pre-Removal Risk Assessment ("PRRA") Officer who, for the first time, evaluated the Applicant's evidence of risk should she be required to return to Nigeria.
[2] The Applicant's Personal Narrative evidence, placed before the PRRA Officer, was that her common-law partner was abusive and cruel, used her for a punching bag, beat and chocked her even while she was pregnant resulting in a miscarriage, and on one occasion beat her so badly that he broke her collar bone and did not allow her to go to the hospital. In addition, the Applicant stated that, as a result of the abuse she suffered, in November of 2002 she fled her common-law partner by moving to Lagos, but before long he found her, threatened her life, and beat her. As a result, the Applicant stated that, in order to protect herself, she went into complete hiding and, subsequently, fled to Canada where she made her refugee claim.
[3] In the course of reaching a determination, in a letter to the Applicant dated April 6, 2004, the PRRA Officer asked for details about the Applicant's relationship with her common-law partner, and, in particular, asked why he would be interested in harming her at that point in time (Tribunal Record, p. 257). In her response, the Applicant made the following statements:
6. He currently still lives at the same address mentioned above, and my cousin informed me that he came to inquire about me from her on the 20th day of February, 2004, claiming that my departure has brought shame and agony to him.
7. He is currently not married, and after I fled from home in Benin-city, my common-law partner went with thugs to my mother's home in search of me in December of 2002 and in the process my mother was beaten up.
8. I am afraid for my life in Nigeria, because of my common-law partner Vincent Aiwekhoe, has is interested in harming and killing me because he claims that I belong to him; and that I have hurt him by leaving.
Vincent would continue his abusive behaviour towards me if I returned to Nigeria, I know him to be a very possessive person and usually feels insecure with me. Attached are photos of his past atrocities, against me: these photos show me receiving treatment at home from Native doctors after he severely beat me in July of the year 2000. He even disallowed me from attending Hospital at this time.
Also attached are photos of the previous injuries I suffered in the hands of Vincent in Nigeria, as a result of the constant beatings I was getting from this abusive man I am afraid I will be killed by this man.
(Tribunal Record, p. 257)
[4] Without asking for any further detail concerning the Applicant's fear of her common-law partner, and, indeed, without speaking to her, the PRRA Officer made the following findings:
The evidence before me indicates the applicant is not married to her common-law spouse. There is insufficient persuasive evidence before me to indicate he is interested in harming her today. She indicated that her cousin informed her that her common law spouse came to inquire about her on 20 February 2004, however she has not provided specific details about this. For example, when and how did her cousin inform her, where did her common law spouse go and exactly what did he say.
I am not satisfied that upon return to Nigeria she has to live with her common law spouse. According to her application form her father, and sister are living in Nigeria. There is insufficient objective evidence to indicate that she would not be able to live with them and that he has inquired about the whereabouts of the applicant in order to harm her.
She stated that her common law spouse was responsible for her mother's death, however she has not provided persuasive evidence to indicate that he was responsible for her death or any objective evidence of what and when her mother died from.
The applicant has provided three pictures of herself with bandages on her neck. She indicates that these photos are of previous injuries that she was getting from her common law spouse. I have assigned little weight to these pictures as they do not substantiate her claim that her common law spouse was responsible for the injuries in the pictures. The applicant has not submitted any medical reports from Nigeria regarding the injuries she suffered from her common law.
(Tribunal Record, p. 16)
[5] I find that the PRRA Officer's statement just quoted amount to a negative credibility finding. On the face of the record, there is no apparent reason for why the Applicant's story of the abuse she suffered at the hands of her common-law partner, or her statements with respect to prospective fear of risk, should be considered suspect. It is abundantly clear that the PRRA Officer did suspect the Applicant's statements by, in effect, criticizing the Applicant for not providing corroborating evidence. In my opinion, the failure of the PRRA Officer to provide any tangible reason for rejecting the Applicant's statements is remarkably unfair. As a result, I find that the PRRA Officer's decision is patently unreasonable.
[6] I understand that the abandonment of the Applicant's claim has been rectified, and as a result, the Applicant's claim for protection is presently before the Refugee Protection Division for hearing. Consequently, even though I find that the PRRA decision was made in reviewable error, and must be set aside, I see no purpose in sending the matter back for redetermination.
ORDER
Accordingly, I set aside the PRRA decision under review.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-6537-04
STYLE OF CAUSE: BLESSING OSAGIE
Applicant
and
THE SOLICITOR GENERAL OF CANADA
Respondent
DATE OF HEARING: JUNE 21, 2005
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: JUNE 23, 2005
APPEARANCES BY:
Kingsley Jesuorobo FOR THE APPLICANT
Marcel Larouche FOR THE RESPONDENT
SOLICITORS OF RECORD:
Kingsley Jesuorobo
Barrister & Solicitor.
Toronto, Ontario FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT