Citation: 2019 RLLR 69
Tribunal: Refugee Protection Division
Date of Decision: December 18, 2019
Panel: L. Bonhomme
Counsel for the claimant(s): Robin Edoh
Country: Jamaica
RPD Number: TB8-24791
ATIP Number: A-2020-01274
ATIP Pages: 000199-000203
[1] MEMBER: This is the decision for the following claimant, [XXX].
[2] You are claiming to be a citizen of Jamaica and are claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[3] Given the nature of this claim, I have taken into consideration the Chairperson’s Guidelines on women refugee claimants fearing gender related persecution.
[4] You’ll receive an unedited transcript of this oral decision in the mail in approximately three weeks.
[5] Your counsel will also receive a copy and will answer any related questions you may have at that time.
Determination
[6] Your claim is accepted.
[7] I find that you are a Convention refugee on the grounds of your membership in a particular social group as a woman facing gender-based violence for the following reasons.
Allegations
[8] You allege the following.
[9] You are a citizen of Jamaica and you are in an abusive relationship with a man in Jamaica, [XXX], from 2011 to [XXX] 2016, at which time you fled Jamaica because you were afraid.
[10] You allege that you moved in with [XXX] in 2011 and approximately a year later he started being physically abusive to you and he was also physically abusive to your son, [XXX] (Ph.).
[11] The one time you tried to leave him while you were in Jamaica in [XXX] 2013, he stabbed you in the [XXX] with a knife and you sustained a serious wound which left a scar.
[12] You allege that [XXX] has continued to threaten you while you have been in Canada through your parents.
[13] You allege if you return, [XXX] will harm you or kill you, as he has threatened.
[14] You allege that there is no state protection for you or an internal flight alternative.
Identity
[15] Your personal identity as a citizen of Jamaica has been established by your testimony and the supporting documents filed in the exhibits, namely the certified true copy of your Jamaican passport and Canadian visa.
[16] I find that on a balance of probabilities, that identity and country of reference have been established.
Nexus
[17] I find that there is a link between what you fear and one of the five Convention grounds, namely membership in a particular social group, as a woman facing gender-based violence, and therefore I’ve only assessed your claim under section 96.
Credibility
[18] In terms of your general credibility, I have found you to be a credible witness and I therefore believe what you have alleged in your oral testimony and in your Basis of Claim form.
[19] You were forthcoming and answered all questions put to you.
[20] You gave thoughtful answers and did not embellish your evidence in your testimony.
[21] Your evidence was consistent between your testimony and your Basis of Claim form.
[22] You have provided letters from your mother and sister in Jamaica who had firsthand knowledge of your abusive relationship with [XXX] and who corroborated the abuse.
[23] Your mother corroborated [XXX] continuing threats to harm you while you have been in Canada.
[24] Although you did not provide a letter from your son, who is in Ottawa, Canada, and who also experienced abuse from [XXX], and witnessed [XXX] being abusive to you, you provided a reasonable explanation for not requesting one from him.
[25] Although the Panel was concerned that you returned to Jamaica from Canada and the United States on three occasions, you have explained that you were fearful of increasing [XXX] anger towards you and that you were unaware of the option of making a refugee or asylum claim.
[26] The Panel has considered your explanations in light of the Chairperson’s Guidelines and in the context of your profile as a woman in a longstanding abusive relationship and finds that your explanations are adequate.
[27] I find that you have established on a balance of probabilities that you were in an abusive relationship in Jamaica with [XXX] for nearly five years.
[28] Although you wanted to leave him, you were unsuccessful the one time you tried and that resulted in a serious injury to yourself.
[29] I find that he continues to be a risk to you if you were to return to Jamaica, as he has continued to threaten to harm you through your parents.
[30] I therefore find that your subjective fear is established by your credible testimony and by your corroborating documentation and I believe what you have alleged on a balance of probabilities.
[31] I also find, based on a review of the National Documentation Package, that your fear is objectively well founded.
[32] The National Documentation Package indicates that domestic violence is a serious and widespread problem in Jamaica.
[33] According to one source:
[34] “The incidence of violence against women in general and domestic violence in particular remains high. A number of factors continue to deter women from reporting and pursuing sexual offence cases, including victims’ and witnesses’ fear of reprisals and retaliation and delays in the judicial process.
[35] Cases of gender-based violence also remain underreported due to the prevalence of social and cultural norms.
[36] Legal protections for women are poorly enforced.
[37] There are not currently any government-funded shelters, only one shelter operated by a nonÂgovernmental organization, and insufficient funding for police investigations or supportive services for victims.
[38] Although there are a number of government plans and measures aimed at addressing gender based violence, including a national strategy plan of action, there is no current information on their operational effectiveness.”
[39] I find that you haver a well-founded fear of persecution in Jamaica.
State Protection
[40] States are presumed to be capable of protecting their own citizens, except in situations where the state is in a state of complete breakdown.
[41] You have testified that you did not seek police assistance as the police are unable to effectively assist women in your country and you are afraid that if the police got involved, it would make the situation worse for you.
[42] You are aware of a woman similarly situated in Jamaica who did seek police assistance and ended up being killed.
[42] The Panel finds that you are unable to obtain adequate state protection based on the country conditions described in the National Documentation Package.
[43] According to one source:
[44] “There remains some challenges, including a reported lack of understanding and insufficient training by law enforcement personnel, such as police officers and judges.
[45] Furthermore, the delayed judicial process and fear of reprisals continue to serve as a deterrent to reporting and prosecution.”
[46] The country information is clear and convincing evidence that rebuts the presumption that adequate state protection is available to you in Jamaica.
[47] The Panel therefore finds on a balance of probabilities that you cannot access adequate state protection in Jamaica.
Internal Flight Alternative
[48] The Panel has also considered whether a viable internal flight alternative exists for you.
[49] The country conditions described above exist throughout the country.
[50] You testified that you believe Jamaica to be a small country and that XXXX would be able to find you if you returned, possibly through your work as a XXXX.
[51] Furthermore, XXXX works as a XXXX, which means he moves about the country in the course of his work, thereby increasing the chances that he may locate you.
[52] Based on the country conditions, the size of the country, and the agent of persecution’s profile, I find that there is a serious possibility of persecution for you throughout Jamaica and therefore I find that there is no viable internal flight alternative available to you.
Conclusion
[53] Based on the totality of the evidence, I find you to be a Convention refugee and I accept your claim.
– – – DECISION CONCLUDED – – –