CASE STUDY. CASE STUDY. 3. 3. : CASE STUDY. CASE STUDY.
Added on 2022-10-31
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Running head: CASE STUDY
CASE STUDY
Name of the Student
Name of the University
Author Note
CASE STUDY
Name of the Student
Name of the University
Author Note
CASE STUDY1
The case of Ferguson v. Canada (Minister of Citizenship and Immigration) 2008 FC 1067 is
one of the leading case in regard to determining whether a decision depends upon credibility
or availability of sufficient evidence. Miss Ferguson was deported back to her home country
when she lost her permanent resident status in Canada. When she applied for a reassessment
before the Pre-removal Risk Assessment (PRRA) Officer, she was asked to provide for
certain documents in support of her application for Pre-removal Risk Assessment. However,
she did not provide the evidential documents and the affidavits that proved that Ferguson was
a lesbian.
Ms Fergusons’s counsel argued ad appealed before the assessment officer that
Ferguson would be at risk in Jamaica because of her sexual orientation as the country is
infested with homophobia and hate-crime violence against members to certain social groups.
The application was dismissed on the grounds that insufficient evidences were provided in
context to prove that the applicant was lesbian, along with the fact that the notion of Jamaica
being a homophobic country does not prove that Ferguson would be at risk in her home
country. There was no sufficient proof as to her life risk along with the fact that she was a
lesbian. In this regard, her application of reassessment of immigration was dismissed by the
Pre-removal Risk Assessment (PRRA) Officer.
The credibility of her application was challenged on the grounds of insufficient
information and affidavit from Ferguson and her counsel, in accordance to section 113 of the
Immigration and Refugee Protection Act, S.C. 2001, c. 27. However, it was later discussed
that an oral hearing should have been conducted where the applicant could be investigated
and examined by the assessment officers. It was also held that the application of the applicant
was dismissed as she failed to provide sufficient evidence of her being an open lesbian, as
otherwise it may be difficult for her sustain in Jamaica as the country has a history of hate-
based violence due to homophobia. The application was not only rejected due to insufficient
The case of Ferguson v. Canada (Minister of Citizenship and Immigration) 2008 FC 1067 is
one of the leading case in regard to determining whether a decision depends upon credibility
or availability of sufficient evidence. Miss Ferguson was deported back to her home country
when she lost her permanent resident status in Canada. When she applied for a reassessment
before the Pre-removal Risk Assessment (PRRA) Officer, she was asked to provide for
certain documents in support of her application for Pre-removal Risk Assessment. However,
she did not provide the evidential documents and the affidavits that proved that Ferguson was
a lesbian.
Ms Fergusons’s counsel argued ad appealed before the assessment officer that
Ferguson would be at risk in Jamaica because of her sexual orientation as the country is
infested with homophobia and hate-crime violence against members to certain social groups.
The application was dismissed on the grounds that insufficient evidences were provided in
context to prove that the applicant was lesbian, along with the fact that the notion of Jamaica
being a homophobic country does not prove that Ferguson would be at risk in her home
country. There was no sufficient proof as to her life risk along with the fact that she was a
lesbian. In this regard, her application of reassessment of immigration was dismissed by the
Pre-removal Risk Assessment (PRRA) Officer.
The credibility of her application was challenged on the grounds of insufficient
information and affidavit from Ferguson and her counsel, in accordance to section 113 of the
Immigration and Refugee Protection Act, S.C. 2001, c. 27. However, it was later discussed
that an oral hearing should have been conducted where the applicant could be investigated
and examined by the assessment officers. It was also held that the application of the applicant
was dismissed as she failed to provide sufficient evidence of her being an open lesbian, as
otherwise it may be difficult for her sustain in Jamaica as the country has a history of hate-
based violence due to homophobia. The application was not only rejected due to insufficient
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