| Citation: |
Ampong v. Canada (Citizenship and Immigration), 2010 FC 35, [2010] 2 F.C.R. D-8 |
IMM-1639-09 |
Citizenship and Immigration
Status in Canada
Persons in Need of Protection
Judicial review of negative pre-removal risk assessment (PRRA) refusing applicant’s application for protection pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), ss. 96, 97—Applicant subject to removal order after suffering injury—Applicant’s PRRA claiming high risk of death if not receiving required medical care—Officer finding risks pertaining to inadequate healthcare not among risks described in IRPA, ss. 96, 97—Whether officer erring in assessing evidence, determining applicant not at risk—Although basing conclusions upon evidence placed before him, officer cannot be confining himself in PRRA application to such evidence—Both Citizenship and Immigration Canada PRRA Operation Manual, Hassaballa v. Canada (Minister of Citizenship and Immigration), 2007 FC 489, requiring officer to conduct own research—Officer might have found that disabled persons in applicant’s country face multiple discrimination, giving rise to persecution under IRPA, s. 96—Officer clearly recognizing possibility of discrimination in delivery of healthcare amounting to persecution, but finding no evidence in support of such finding—Nevertheless, delivering healthcare in discriminatory manner can be foundation for PRRA claim—Officer’s decision not reasonable when neglecting to consider whether applicant’s PRRA application exempted from exclusion in IRPA, s. 97(1)(b)(iv)—Application allowed.
Ampong v. Canada (Citizenship and Immigration) (IMM-1639-09, 2010 FC 35, Russell J., judgment dated January 12, 2010, 18 pp.)