Jerome c. Canada (Citizenship and Immigration), 2013 FC 893 (2013)

Conférencier:The Honourable Mr. Justice Manson
Numéro de Registre:IMM-10390-12
Parties:Jerome c. Canada (Citizenship and Immigration)

Federal Court - Jerome v. Canada (Citizenship and Immigration)


Date: 20130822

Docket: IMM-10390-12

Citation: 2013 FC 893

Ottawa , Ontario , August 22, 2013

PRESENT: The Honourable Mr. Justice Manson








[1] This is an application for judicial review of the decision of a member of the Refugee Protection Division of the Immigration and Refugee Protection Board [the Board], pursuant to subsection 72(1) of the Immigration and Refugee Protection Act , SC 2001, c 27 [the Act]. The Board dismissed the Applicant’s claim for refugee protection, concluding that she was not a convention refugee or a person in need of protection under sections 96 and 97 of the Act.

I. Background

[2] The Applicant is a 22-year-old citizen of St. Lucia. Her personal narrative, dated May 31, 2011, alleges that in 2008, while living in St. Lucia, she met a man named David Scott. She entered into a relationship with Mr. Scott.

[3] In early 2010, she was diagnosed with Lupus disease. Shortly thereafter, she started noticing symptoms, such as facial sores and swelling. The Applicant states that the onset of the Lupus symptoms brought about a sudden change in Mr. Scott’s behaviour towards her. He started verbally abusing her because of her appearance.

[4] According to the Applicant, Mr. Scott’s abuse escalated to physical abuse, forced sexual intercourse, and serious threats to her safety. She tried to end their relationship two more times, but he beat her each time. In her narrative, she describes going to the police station to seek protection after the first beating, but the police officer she spoke to said that she was wasting her time. She also describes, after another beating, her mother helping her to find another police station to report her abuse, but they too did nothing to assist her.

[5] The Applicant alleges that to avoid Mr. Scott, she started spending time with her neighbour, Kate Paul, with whom she had known since she was a child, and they become involved romantically. Their sexual relationship continued until April 18, 2011, when Mr. Scott inadvertently discovered it. Mr. Scott confronted the Applicant and then raped her. The Applicant ended her relationship with Mr. Scott at that time.

[6] The Applicant again attempted to go to the police to make a report about the sexual assault. The police said that since Mr. Scott was the Applicant’s partner, they did not consider it assault.

[7] The Applicant alleges in the days following the discovery of her affair with Ms. Paul, people in her neighbourhood found out and directed homophobic slurs towards her and threw things at her house. Mr. Scott also showed up at her house with a group of male friends and threatened the Applicant with death unless she agreed to resume her relationship with him.

[8] The Applicant then fled for Canada, arriving on May 8, 2011. She applied for refugee protection on December 2, 2011.

[9] Upon questioning from the Board, the Applicant stated in her testimony that she had been beaten by Mr. Scott multiple...

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