Tuesday, September 20, 2011

Mings-Edwards—PRRA officer ignored one of two grounds of risk presented

Mings-Edwards v. Canada (Citizenship and Immigration), 2011 FC 90(CanLII)

Mings-Edwards v. Canada (Citizenship and Immigration), 2011 FC 91 (CanLII)

Judge: Justice Mactavish

Date heard: Januray 25, 2011

Date decided: January 26, 2011

Counsel for Mings-Edwards: Aadil Mangalji

Counsel for Minister: Kareena Wilding

Place of Hearing: Toronto, Ontario

The Applicant filed a pre-removal risk assessment on the basis of two grounds: fear of her abusive spouse, and her status as an HIV+ woman (para. 1).

The PRRA officer focused on the availability of state protection in Jamaica; Justice Mactavish found that this unreasonably ignored the second ground (para. 2).

The PRRA officer disregarded the single personal document attesting to the difficulty the Applicant would face as an HIV+ woman in Jamaica, stating that it was uncorroborated and speculative; he ignored the large volume of general country conditions evidence presented which corroborated her evidence (paras. 3-7). The officer wrongly disregarded this country conditions evidence as “generalized” (para. 7). The officer failed to address whether the discrimination described amounts to persecution or cruel and unusual treatment or punishment (para. 8).

Furthermore, the officer stated that there was state protection in Jamaica, but the entire analysis of state protection referred to the domestic violence ground and not the HIV status ground (para. 9).

JUDICIAL REVIEW ALLOWED

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