IMM-4424-96
B E T W E E N:
CARMENA ELIZABETH JACOBS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.:
In this judicial review of a negative decision by the Convention Refugee Determination Division, the first issue is whether the applicant has a subjective fear of persecution. She claimed Convention refugee status as an abused wife. She arrived in Canada in December, 1991, was detained by immigration officials in or about September, 1994 and first made a Convention refugee claim in April of 1995. The panel found that the applicant's delay in claiming refugee status affected the credibility of her subjective fear.
Counsel for the applicant submits that the finding of the panel was unreasonable considering all the circumstances of the applicant. However, while it is true that the applicant has limited education, most other factors do not justify the delay.
The applicant was married in 1986 in St-Vincent to an abusive husband. She left him 1990 when she got a job in Mustique, St-Vincent. In December, 1991, she was invited to come to Canada by one Ryan with whom she had had a child previous to her marriage to the abusive husband. After she arrived in Canada she lived with Ryan for 4 months, at which time she left him as result of abuse by him. She then lived with a woman from Trinidad for one year, and then with a lady who apparently came from St-Vincent in the 1970's. A son was also in Canada at the time.
One explanation given for not making a refugee claim at an earlier date is that she knew no one that could give her information that would lead her to make such a claim. However, she did have associations with a number of individuals who were immigrants to Canada, and I do not think it is unreasonable to conclude that they would have some information about immigrating to Canada and the requirements of Canadian law. Further, if she indeed had a subjective fear of persecution, one would expect to see some evidence of steps that she took over the course of her time in Canada, and indeed, after she left her husband in 1990, that would demonstrate that she truly was afraid of returning to him. However, there is no such evidence on her part. I am not satisfied that the panel erred in concluding that there was a lack of credibility with regard to the applicant's subjective fear.
With regard to the objective well-foundedness of her fear of persecution if she had to go back to St-Vincent, the evidence is that her abusive husband has not been seen since December of 1995. This was a relevant consideration and was relied upon by the panel in finding that the applicant's fear was not well-founded.
The judicial review application must be dismissed.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
September 18, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4424-96
STYLE OF CAUSE: CARMENA ELIZABETH JACOBS
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: SEPTEMBER 18, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: SEPTEMBER 18, 1997
APPEARANCES:
Mr. Jack Martin
For the Applicant
Mr. John Loncar
For the Respondent
SOLICITORS OF RECORD:
Refugee Law Office
603-481 University Avenue
Toronto, Ontario
M5G 2E9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-4424-96
Between:
CARMENA ELIZABETH JACOBS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
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