| Citation: |
James v. Canada (Citizenship and Immigration), 2010 FC 546, [2010] 3 F.C.R. D-2 |
IMM-5039-09 |
Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of decision by Refugee Protection Division (RPD) of Immigration and Refugee Board rejecting applicant’s claim for protection under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 96—Applicant, citizen of St. Vincent and the Grenadines, sent to Canada by mother as result of continued sexual abuse by stepfather—RPD finding unavailability of state protection not demonstrated because applicant, as a minor, did not seek protection from authorities in St. Vincent and the Grenadines—Imposing obligation on sexually molested child to seek protection from authorities where her mother does not disturbing—RPD not explaining why favourable elements in country documentation outweighing negative parts—RPD failing to take into account unique circumstances of applicant with no family other than mother living with abusive stepfather—Application allowed.
James v. Canada (Citizenship and Immigration) (IMM-5039-09, 2010 FC 546, Mainville J., judgment dated May 18, 2010, 14 pp.)