Date: 20020508
Docket: IMM-1111-01
Neutral citation: 2002 FCT 520
Ottawa, Ontario, Wednesday, the 8th day of May 2002
PRESENT: The Honourable Madam Justice Dawson
BETWEEN:
OWURA FOKUO FORDJOUR AND GERTRUDE
QUANSAH, AND MAHONEY OBUOBISA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
DAWSON J.
[1] One issue is raised in this application for judicial review: did the Convention Refugee Determination Division of the Immigration and Refugee Board ("CRDD") err in law in dismissing the applicants' claims for status as Convention refugees by making findings of credibility and implausibility in a perverse, capricious or otherwise unreasonable manner?
BACKGROUND
[2] The applicants are citizens of Ghana. Gertrude Quansah is the mother of 11-year-old Mahoney Obuobisa and Owura Fokuo Fordjour is Mrs. Quansah's husband. Their claims are based upon Mrs. Quansah's stated fear of persecution and their membership in a particular social group.
[3] Mrs. Quansah's story before the CRDD is as follows.
[4] In 1991, Mrs. Quansah's family essentially "sold" her to a 60-year-old wealthy and well-connected businessman from Accra, Mr. Brobbey, in return for money and the provision of work for family members. Mrs. Quansah and her son moved in with Mr. Brobbey and lived with him in what was characterized as a master-slave relationship for two years, during which time Mr. Brobbey became physically abusive towards Mrs. Quansah and her son. The abuse consisted of sexual abuse, and on one occasion in June, 1994, Mr. Brobbey burned both of Mrs. Quansah's legs with his cigarette.
[5] On several occasions Mrs. Quansah attempted to leave and return home to her family, but on each occasion she was forced by her family to return to Mr. Brobbey because, she said, they depended upon him for money and for work.
[6] In March of 1995, Mr. Brobbey caught Mrs. Quansah and her son trying to escape. He threatened to kill her son if she tried to escape again, and "practically strangled" Mrs. Quansah. She said that some of the neighbours intervened, and in the resulting commotion, she and her son managed to escape and take a bus to another city, Kumasi.
[7] For two years commencing in May of 1995, Mrs. Quansah lived peacefully with her son and her future husband, Mr. Fordjour, in Kumasi. All of that ended in December of 1998 when Mr. Brobbey attended at Mr. Fordjour's store and threatened him with physical violence if he did not return Mrs. Quansah to him. Reports to the police proved futile. In February and July of 1999, Mr. Fordjour was attacked by "thugs associated with Mr. Brobbey" and as a result of the latter assault was hospitalized for three days. In November of 1999, Mr. Fordjour's store was burned down, and he was threatened by Mr. Brobbey if he did not cooperate. Despite reports to the police, Mr. Fordjour was denied protection or redress because Mr. Brobbey was wealthy and well-connected.
THE DECISION OF THE CRDD
[8] The CRDD found the applicants not to be credible based on numerous inconsistencies and implausibilities in the evidence, some of which were:
i) The CRDD found it implausible that Mrs. Quansah only found out about her betrothal to Mr. Brobbey when she was 19 or 20 years of age and pregnant by someone else, in circumstances where she said that the betrothal had taken place when she was a young child and that Mr. Brobbey had been paying for her education since she was five.
ii) It was implausible that Mr. Brobbey would not have finalized the betrothal arrangements until Mrs. Quansah was 20, pregnant, had a boyfriend and had been working in a job unrelated to Mr. Brobbey for four and a half years.
iii) The documentary evidence stated that arranged marriages traditionally took place amongst rural dwellers more so than amongst urban dwellers. Mrs. Quansah's family lived in the capital city of Ghana. Additionally, the documentary evidence said that the "bride price" is paid as early as the age of 12 to guarantee the arrangement, and that those betrothed are given the opportunity to leave the family or native community and move elsewhere. Finally, arranged marriages among the Akan had grown increasingly rare.
iv) None of the details mentioned in the hospital report which was provided to corroborate Mrs. Quansah's claim of spousal abuse were mentioned in her Personal Information Form ("PIF"). Her explanations that she did not know that she had to mention everything in her PIF, and that she did not want to remember everything, were not accepted by the CRDD given the specific instructions on the PIF form with respect to completion of the form.
v) While the PIF was quite detailed, it omitted significant events mentioned in the medical evidence, such as the incident where Mrs. Quansah was burned and an incident in November 1995 involving vaginal lacerations which required sutures. Furthermore, at the time of the November 1995 incident, Mrs. Quansah was living with Mr. Fordjour. Her explanation that the date in the medical report which detailed the November 1995 incident was in error (but that she could not locate the hospital to get a corrected report) was not accepted by the CRDD.
vi) Mrs. Quansah said that she paid $500 for the three medical reports provided to the CRDD, stating at first that the money was for bus fare for her friend to get them, but later stating that she was helping to financially support her friend.
ANALYSIS
[9] I am satisfied that the CRDD's reasons concerning its credibility and implausibility findings are clear, and are supported by the applicants' testimony.
[10] The applicants particularly argued that the CRDD's reference to the documentary evidence dealing with arranged marriages was perverse because this was a marriage arranged for economic, not traditional reasons. However, the documentary evidence dealt with both traditional and arranged marriages, noting that an "arranged marriage might also be driven by economics".
[11] The CRDD noted, but was entitled to reject, Mrs. Quansah's explanations as to why her PIF was incomplete.
[12] Findings of credibility and implausibility will not be set aside unless they are not supported by the evidence, and so can be said to have been made without regard for the evidence.
[13] That is not the case here.
[14] Counsel posed no question for certification and no question is certified.
ORDER
[15] IT IS HEREBY ORDERED THAT:
1. The application for judicial review is dismissed.
"Eleanor R. Dawson"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-1111-01
STYLE OF CAUSE: Owura Fokuo Fordjour and others v. MCI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: April 10, 2002
REASONS FOR ORDER OF The Honourable Madam Justice Dawson
DATED: May 8, 2002
APPEARANCES:
Mr. Jack DavisFOR THE APPLICANT
Ms. PatriciaFOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Davis & GriceFOR THE APPLICANT
Toronto, Ontario
Mr. Morris RosenbergFOR THE RESPONDENT
Deputy Attorney General of Canada
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