TA5-11242

TA5-11242

The tribunal accepted the claimant's credibility and medical evidence but found she failed to meet the high threshold under s.97(1)(b)(iv) because she had accessed psychiatric treatment in Ethiopia and there was evidence of improving services at the hospital where she was treated, so there was no proof of deliberate governmental refusal to provide care; however, on s.96 the claimant established a well-founded fear of persecution as a member of the particular social group 'vulnerable women with serious mental illness' because stigma, lack of family and community supports, and pressure to discontinue treatment create a serious possibility of persecution on return, and accordingly she...

Citation
TA5-11242
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent (state): Refugee Protection Officer; Respondent Counsel: Minister's Counsel; Adjudicator: Harvey Savage
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 March 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Hearing and Decision by Refugee Protection Division (two Sittings Oct 4, 2006 and Feb 2, 2007; Decision Mar 9, 2007)
Outcome
Claim for refugee protection allowed; claimant found to be a Convention Refugee.
Legal Topics
Convention Refugee, Particular Social Group, Vulnerable Persons, Medical Care Exemption S.97(1)(b)(iv), Stigma and Discrimination Based on Mental Illness
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Convention Refugee Particular Social Group Vulnerable Persons Medical Care Exemption S.97(1)(b)(iv) Stigma and Discrimination Based on Mental Illness

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent (state)

Minister's Counsel

Respondent Counsel

Harvey Savage

Adjudicator

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Hearing and Decision by Refugee Protection Division (two Sittings Oct 4, 2006 and Feb 2, 2007; Decision Mar 9, 2007)

Legal Issues

  1. 1 Whether claimant's fear of harm on return is connected to an enumerated ground (membership in a particular social group)
  2. 2 Whether the s.97(1)(b)(iv) medical-care exemption bars protection because the risk is caused by a country's inability to provide adequate medical care rather than persecutory refusal
  3. 3 Whether the cumulative discrimination and stigma against a woman with serious mental illness in Ethiopia amounts to persecution

Ratio Decidendi

The tribunal accepted the claimant's credibility and medical evidence but found she failed to meet the high threshold under s.97(1)(b)(iv) because she had accessed psychiatric treatment in Ethiopia and there was evidence of improving services at the hospital where she was treated, so there was no proof of deliberate governmental refusal to provide care; however, on s.96 the claimant established a well-founded fear of persecution as a member of the particular social group 'vulnerable women with serious mental illness' because stigma, lack of family and community supports, and pressure to discontinue treatment create a serious possibility of persecution on return, and accordingly she...

Court Disposition

Claim for refugee protection allowed; claimant found to be a Convention Refugee.

Orders

  • Claim for refugee protection allowed and claimant granted Convention Refugee status