Docket: IMM-479-14
Citation:
2015 FC 389
Toronto, Ontario, March 26, 2015
PRESENT: The
Honourable Mr. Justice Hughes
|
BETWEEN:
|
|
CHERRYL CHARLES
|
|
Applicant
|
|
and
|
|
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
|
|
Respondent
|
JUDGMENT AND REASONS
[1]
This is a judicial review of a decision of an
Officer of Citizenship and Immigration Canada dated December 31, 2013 wherein
the Applicant’s application for permanent residence from within Canada on Humanitarian and Compassionate grounds (H&C) was rejected.
[2]
The Applicant is an adult female citizen of Grenada. She came to Canada in 1998 with her (now ex) husband and son. Her claim and that
of her (ex) husband for refugee protection was rejected in 2003. Their
Pre-Removal Risk Assessment was refused in 2008. Her ex-husband was deported to
Grenada. The Applicant fears for her safety at his hands were she to be
deported to Grenada.
[3]
The Applicant gave birth to a son in Canada in 2010. The child suffers from seizures and has speech problems. The Applicant has
worked only briefly since the birth of her son and has been convicted of
several criminal offences in Canada including theft, fraud and forgery.
[4]
The issue on this review is a single one: did
the Officer give sufficient or any consideration to this fact that the
Applicant would be returned to Grenada, without having family still there, and
be exposed to a potentially violent ex-husband.
[5]
There was evidence in the record before the
Officer as to this issue which was well summarized in the submissions of the
Applicant’s counsel to the Officer:
33. If her Affidavit at Tab 7, Ms. Charles describes the abuse
she underwent with her ex-husband Andrew Charles. She originally came to Canada with Mr. Charles and their son in 1998. She states:
He was abusive and violent, and
injured me more than once. I never mentioned this during my refugee claim
because he and I were in the same refugee claim. He would mistreat me in front
of my older son Annel. Once I had to wear a brace on my neck for two weeks
because of his violence. He cheated on me a lot, and ended up having domestic
violence or abuse-related charges in regards to two different women in Canada. He was also verbally abusive and rough towards Annel.
My ex-husband has expressed that
he is angry at me. He blames me for him getting deported from Canada. He thinks that because I got to stay in Canada longer than him, that I said
something to cause his deportation. He has threatened me over the phone, to the
point that I had to change my phone number twice, the last time being in 2011.
If sent back to Grenada, I would be afraid of him and his family.
34. As a single mother who has no family connections left in the
country, who has not lived in Grenada for years and thus has no community
support that can protect her, Mrs. Charles can easily fall victim to her
ex-husband’s abusive anger. The aforementioned IRB report also states that “the
country is very small and perpetrators are likely to find their victims should
they decide to relocate on the island.”
[6]
The reasons of the Officer do not specifically
refer to this submission or evidence. The reasons refer to “violence” if the Applicant were to return to Grenada and to support services there for “victims of domestic
assault”. Respondent’s Counsel invites me to consider these references
as sufficiently responsive to the issue.
[7]
However, the reasons go on to state: “I do not find the applicant has linked this evidence with
her own personal circumstances to demonstrate any degree of hardship in
returning to Grenada”. This is just plain wrong and clearly indicates
that the Officer overlooked the issue of violence at the hands of the
ex-husband.
[8]
The matter must be returned for redetermination
by a different Officer. No party requested a certified question.
Email this Content