El Sawane v. Canada (Citizenship and Immigration)
Source text
El Sawane v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-02-04 Neutral citation 2008 FC 148 File numbers IMM-1892-07 Decision Content Date: 20080204 Docket: IMM-1892-07 Citation: 2008 FC 148 Toronto, Ontario, February 4, 2008 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: SALWA CHAFIC EL SAWANE and LAWRENCE HUSSEIN KANAAN Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a Pre-Removal Risk Assessment (PRRA) of the evidence of the Principal Applicant, a Lebanese woman, who claims protection from her violent husband in Lebanon. [2] Two features of the rejection of the Principal Applicant’s claim are the PRRA Officer’s statement of law that “aggrieved parties must make a complaint” (Decision, p. 31) and, with respect to the violence that the Applicant suffered at the hands of her husband prior to fleeing to Canada, the Applicant failed to make a complaint (Decision, p. 27; p. 30). [3] I find that the PRRA Officer’s statement of law is not correct because it does not express that whether an applicant suffering violence can be expected to make a complaint depends on a contextual analysis of her real life situation (see Garcia v. Canada (Minister of Citizenship and Immigration) [2007] F.C.J. No. 118 (QL) at para. 19-20). I also find that the RPD’s statement of fact is erroneous; indeed, it is not disputed that, according to the Principal Applican…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
El Sawane v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-02-04 Neutral citation 2008 FC 148 File numbers IMM-1892-07 Decision Content Date: 20080204 Docket: IMM-1892-07 Citation: 2008 FC 148 Toronto, Ontario, February 4, 2008 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: SALWA CHAFIC EL SAWANE and LAWRENCE HUSSEIN KANAAN Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a Pre-Removal Risk Assessment (PRRA) of the evidence of the Principal Applicant, a Lebanese woman, who claims protection from her violent husband in Lebanon. [2] Two features of the rejection of the Principal Applicant’s claim are the PRRA Officer’s statement of law that “aggrieved parties must make a complaint” (Decision, p. 31) and, with respect to the violence that the Applicant suffered at the hands of her husband prior to fleeing to Canada, the Applicant failed to make a complaint (Decision, p. 27; p. 30). [3] I find that the PRRA Officer’s statement of law is not correct because it does not express that whether an applicant suffering violence can be expected to make a complaint depends on a contextual analysis of her real life situation (see Garcia v. Canada (Minister of Citizenship and Immigration) [2007] F.C.J. No. 118 (QL) at para. 19-20). I also find that the RPD’s statement of fact is erroneous; indeed, it is not disputed that, according to the Principal Applicant’s evidence, she did report the violence to the police on two occasions. [4] As a result, I find that the PRRA decision is rendered in reviewable error. ORDER Accordingly, I set the decision aside and refer the matter back for re-determination before a differently constituted panel. “Douglas R. Campbell” Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-1892-07 STYLE OF CAUSE: SALWA CHAFIC EL SAWANE and LAWRENCE HUSSEIN KANAAN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: FEBRUARY 4, 2008 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: FEBRUARY 4, 2008 APPEARANCES: D. CLIFFORD LUYT FOR THE APPLICANTS CATHERINE VASILAROS FOR THE RESPONDENT SOLICITORS OF RECORD: D. CLIFFORD LUYT BARRISTER AND SOLICITOR TORONTO, ONTARIO FOR THE APPLICANTS JOHN H. SIMS, QC DEPUTY ATTORNEY GENERAL OF CANADA FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca