Digests

Decision Information

Decision Content

Citizenship and Immigration

Status in Canada

Convention Refugees and Persons in Need of Protection

Judicial review of negative decision of pre-removal risk assessment (PRRA) officer finding that there was “insufficient objective evidence” that applicant’s ex-husband still after her — Applicant claiming refugee status in Canada on basis persecuted by ex-husband, that police in her home country, Tanzania, powerless to protect her — Applicant’s claim denied by Refugee Protection Division (RPD) of Immigration and Refugee Board (IRB) — RPD finding that applicant not credible witness, her testimony inconsistent with written evidence, that documents applicant submitted containing many errors — RPD’s conclusions subsequently confirmed by Refugee Appeal Division (RAD) of IRB — Applicant applying for PRRA, providing evidence that, since negative refugee claim decision, applicant’s ex-husband kept harassing her mother, applicant’s friends in Tanzania — Providing information about several incidents taking place after RPD hearing — However, PRRA officer giving little weight to evidence of those events, concluding that applicant, if required, could avail herself of protection offered by Tanzania — Applicant arguing in particular that PRRA officer unreasonably assessing her evidence of risk — Whether PRRA officer’s decision reasonable — PRRA officer’s risk analysis unreasonable because officer not providing intelligible reasons for assigning little weight to most of evidence applicant submitting — Moreover, officer’s conclusion that evidence insufficient unreasonable since it could only be explained by ascriptions of weight that were themselves flawed — Basic concepts used when justifying findings of fact such as credibility, probative value, weight, sufficiency reviewed — Analysis of officer’s reasons showing clearly that officer made negative credibility findings on grounds Court has repeatedly held to be unreasonable even though officer never using word “credibility” Officer in particular discounted evidence given by family members, discounted events not reported to police, unreasonably assessed sufficiency of evidence, also failed to provide reasons for finding of insufficiency When importing credibility findings made in prior proceedings, PRRA officers must explain why those findings affect evidence before them — Documents filed by applicant in support of her PRRA application not same as those in evidence before RPD, RAD — Only possible to transpose RPD, RAD credibility findings to those documents if some explanation is given — PRRA officer giving no such explanation, not finding that any documents applicant submitted were forged or contained false information — No obvious reason existed to doubt their authenticity — Reasons given by PRRA officer for discounting applicant’s evidence not logically connected to ascriptions of “little weight” contained in decision — Moreover, officer’s finding that evidence insufficient based on general, unexplained finding of lack of credibility — Review of record not curing defects of decision — Decision therefore unreasonable — With respect to state protection, PRRA officer’s analysis unreasonable; officer’s findings could not be reconciled with evidence officer considered or should have considered – Principles of “state protection” examined — PRRA officer in present case not applying test of operational adequacy Federal Court adopted — PRRA officers bound by Federal Court’s case law; cannot ignore test of operational adequacy or substitute test of their own — If officers applying wrong test, decisions considered unreasonable — Moreover, PRRA officer in present case disregarded overwhelming evidence that Tanzania not offering adequate state protection to victims of domestic violence, failed to provide any reasons for doing so — As well, PRRA officer unreasonably concluded that applicant’s complaint to police proof of adequate state protection — Matter thus sent back for redetermination — Application allowed.

Magonza v. Canada (Citizenship and Immigration) (IMM-1506-18, 2019 FC 14, Grammond J., judgment dated January 7, 2019, 39 pp.)

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