Citizenship and Immigration
Status in Canada
Persons in Need of Protection
Judicial review of decision of pre-removal risk assessment (PRRA) officer refusing applicants’ application for protection—Principal applicant leaving Barbados for Canada due to violence, physical abuse by husband—Whether officer’s finding state protection available reasonable—Officer should have consulted Response to Information Request (RIR) even though document not brought forward by applicants—2006 U.S. Department of State (DOS) report, RIR indicating cultural problem concerning domestic violence in Barbados—Officer’s independent research (i.e. 2006 DOS Report), conclusions drawn from research may have yielded different result if officer had consulted RIR and its different emphasis on relevant issues—Failure to consult RIR rendering decision unreasonable—Application allowed.
Jessamy v. Canada (Minister of Citizenship and Immigration) (IMM-95-08, 2009 FC 20, Russell J., judgment dated January 7, 2009, 34 pp.)