Citizenship and Immigration
Immigration Practice
Judicial review of decision by pre-removal risk assessment (PRRA) officer dismissing application for PRRA on basis insufficient evidence to establish applicant lesbian—Applicant losing status as permanent resident, ordered deported to Jamaica after criminal conviction for drug trafficking—Whether PRRA officer erred in failing to conduct oral hearing— Prescribed factors for determining whether hearing to be held set out in Immigration and Refugee Protection Regulations, SOR/2002-227, s. 167—Approach in Federal Court of Appeal decision in Flores Carrillo v. Canada (Minister of Citizenship and Immigration), [2008] 4 F.C.R. 636 adopted—Standard of proof in civil matters, administrative processes balance of probabilities—Evidence assessed by PRRA officer as to credibility, degree of weight—Only evidence concerning applicant’s sexual orientation statement of former counsel—No supporting, corroborative evidence tendered—Officer finding insufficient objective evidence to establish applicant lesbian—No hearing required as decision based solely on weight of evidence presented, not on applicant’s credibility—Application dismissed.
Ferguson v. Canada (Minister of Citizenship and Immigration) (IMM-1356-08, 2008 FC 1067, Zinn J., judgment dated September 23, 2008, 16 pp.)