Shilongo v. Canada (Minister of Citizenship and Immigration), (2015) 474 F.T.R. 121 (FC)

• Judge: Boswell, J.
• Court: Federal Court (Canada)
• Case Date: January 22, 2015
• Jurisdiction: Canada (Federal)
• Citations: (2015), 474 F.T.R. 121 (FC);2015 FC 86

Shilongo v. Can. (M.C.I.) (2015), 474 F.T.R. 121 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. JA.053

Rauha Ndeshipan Shilongo (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-6168-13; 2015 FC 86)

Indexed As: Shilongo v. Canada (Minister of Citizenship and Immigration)

Federal Court

Boswell, J.

January 22, 2015.

Summary:

The applicant was a citizen of Namibia. She applied for judicial review of a pre-removal risk assessment that denied her request for protection under s. 112(1) of the Immigration and Refugee Protection Act.

The Federal Court allowed the application and remitted the matter to another immigration officer for redetermination.

Aliens - Topic 1588

Exclusion and expulsion - Pre-removal risk assessment (Immigration and Refugee Protection Act, ss. 112 - 116) - Evidence (IRPA, s. 113(a)) - The applicant was a citizen of Namibia - She applied for judicial review of a pre-removal risk assessment that denied her request for protection under s. 112(1) of the Immigration and Refugee Protection Act - The Federal Court allowed the application - The court stated that "the Officer found that the new evidence did not rebut the finding that the Applicant had a viable IFA in Windhoek. ... Part of that finding was based on the Officer's view that the sworn statements could not be trusted because they were from the Applicant's family members. In my view, that was unreasonable. Although it is often better for such evidence to be corroborated ... it was still sworn testimony, and it is difficult to know what other evidence could reasonably be expected in a situation like this. After all, a threat such as that alleged would never have been made to someone completely uninterested in the Applicant's life, and if the sworn statements are true then the Applicant's mother and brother were the only witnesses; there could be no evidence of the incident of which they are not the ultimate source. ... This evidence was also important. Before the RPD, the only threat that the Applicant had ever faced was in the village of Onambone. Now that threat had materialized in the very place that the RPD found was a viable IFA for the Applicant, and it was unreasonable to find that would not likely have changed the RPD's analysis. ... in these circumstances, it was incumbent upon the Officer to consider the Applicant's personal risk profile in light of all the evidence, and not simply rely upon generalized country condition evidence" - See paragraphs 26 to 35.

Cases Noticed:

Suduwelik v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 213; 2007 FC 326, refd to. [para. 12].

Talo v. Canada (Minister of Citizenship and Immigration) (2012), 408 F.T.R. 182; 2012 FC 478, refd to. [para. 13].

Pulido v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 98; 2007 FC 209, refd to. [para. 14].

Gjelaj v. Canada (Minister of Citizenship and Immigration), [2010] F.T.R. Uned. 24; 2010 FC 37, refd to. [para. 14].

Obeng v. Canada (Minister of Citizenship and Immigration), [2009] F.T.R. Uned. 20; 2009 FC 61, dist. [para. 16].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 17].

Duran v. Canada (Minister of Citizenship and Immigration), [2006] F.T.R. Uned. 26;  2006 FC 43, refd to. [para. 18].

Fernandez et al. v. Canada (Minister of Citizenship and Immigration) et al., [2008] F.T.R. Uned. 143; 2008 FC 232, refd to. [para. 19].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 20].

Shaikh v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 669; 2012 FC 1318, refd to. [para. 21].

Raza v. Canada (Minister of Citizenship and Immigration) et al. (2007), 370 N.R. 344; 289 D.L.R.(4th) 675; 2007 FCA 385, refd to. [para. 22].

Silva v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 657; 2012 FC 1294, refd to. [para. 24].

Rasaratnam v. Minister of Employment and Immigration, [1992] 1 F.C. 706; 140 N.R. 138 (F.C.A.), refd to. [para. 27].

Ferguson v. Canada (Minister of Citizenship and Immigration), [2008] F.T.R. Uned. 750; 74 Imm. L.R.(3d) 306; 2008 FC 1067, refd to. [para. 29].

Ochoa v. Canada (Minister of Citizenship and Immigration), [2010] F.T.R. Uned. 746; 93 Imm. L.R.(3d) 113; 2010 FC 1105, refd to. [para. 29].

Counsel:

Dov Maierovitz, for the applicant;

Catherine Vasilaros, for the respondent.