In a significant legal victory, the Federal Court has overturned an Immigration Officer’s decision to deny a Pre-Removal Risk Assessment (PRRA) application. The Court found that the Officer unreasonably rejected crucial evidence of the applicant’s evolving relationship with their partner.
The case ( Abdullahi v. Canada Citizenship and Immigration, 2024 FC 1566 CanLII ) involved an individual facing deportation to Ghana. While previous refugee claims were unsuccessful due to credibility concerns regarding their sexual orientation, the applicant submitted a PRRA application presenting evidence of a significantly evolved relationship with their Canadian partner, including long-term cohabitation and joint finances.
The Immigration Officer dismissed this evidence, arguing it was not “new” since the applicant had been dating their partner at the time of the previous claims.
However, the Federal Court disagreed. The Court recognized that the evolution of the relationship – from casual dating to a serious, committed partnership – was significant and directly relevant to the applicant’s risk assessment, particularly given the persecution faced by LGBTQ+ individuals in Ghana.
The Court emphasized that changes in a relationship, especially in the context of sexuality-related risk claims, can have a profound impact on an individual’s safety and protection needs.
This decision sets an important precedent, recognizing that the evolution of a romantic relationship can constitute “new evidence” in a PRRA application.