Docket: IMM-332-16
Citation:
2016 FC 126
Toronto, Ontario, February 3, 2016
PRESENT: The Honourable Mr. Justice O'Reilly
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BETWEEN:
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KAREN ANN MARIE
GUTHRIE
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Applicant
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and
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THE MINISTER OF
CITIZENSHIP
AND IMMIGRATION
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Respondent
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ORDER AND REASONS
[1]
Ms Karen Ann Marie Guthrie seeks an order
staying her removal from Canada for Jamaica on February 15, 2016 pending final
determination of her application for leave and judicial review of a negative
pre-removal risk assessment (PRRA).
[2]
I am satisfied that Ms Guthrie has met the
three-part test for a stay, as follows:
I.
Serious Issue
[3]
Ms Guthrie raises three potential serious issues
in respect of the PRRA officer’s reasons. I am satisfied that at least one of
them, the officer’s articulation of the test applicable to state protection,
qualifies as a serious issue. Therefore, I need not address the other two.
[4]
The officer referred several times to Jamaica’s
efforts to provide protection to women who, like Ms Guthrie, are victims of
domestic violence. The fact that Jamaica is making efforts at protection does
not necessarily mean that Ms Guthrie’s fear of persecution is not well-founded,
which is the issue the officer had to decide. Accordingly, I find that a
serious issue arises in respect of the officer’s conclusion that state
protection is available in Jamaica.
II.
Irreparable Harm
[5]
Given that a serious issue arises in respect of
the assessment of the risk Ms Guthrie would face in Jamaica, it follows that
she may experience irreparable harm if she were removed before the soundness of
that assessment can be considered on judicial review. In addition, Ms Guthrie
points to evidence showing that she faces an ongoing risk of domestic violence
in Jamaica.
III.
Balance of Convenience
[6]
The balance of convenience favours allowing Ms
Guthrie to remain in Canada to pursue her application for leave and judicial
review.
ORDER
THIS COURT ORDERS that:
1.
The request for a stay is allowed.
2.
Ms Guthrie’s removal is stayed until her
application for leave and judicial review has been finally determined.
"James W. O'Reilly"
FEDERAL
COURT
SOLICITORS
OF RECORD
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DOCKET:
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IMM-332-16
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STYLE OF CAUSE:
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KAREN ANN MARIE GUTHRIE v THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
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PLACE OF
HEARING:
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Toronto, Ontario
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DATE OF
HEARING:
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February 2, 2016
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ORDER
AND REASONS:
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O'REILLY J.
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DATED:
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FEBRUARY 3, 2016
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APPEARANCES:
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D. Clifford Luyt
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For
The Applicant
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Susan Gans
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For
The Respondent
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SOLICITORS OF RECORD:
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D. Clifford Luyt
Barrister and Solicitor
Toronto, Ontario
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For
The Applicant
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William F. Pentney
Deputy Attorney General of Canada
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For
The Respondent
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