[2012] 3 F.C.R. D-2
Citizenship and Immigration
Exclusion and Removal
Removal of Permanent Residents
Judicial review of decision by Immigration and Refugee Board Immigration Appeal Division (Board) dismissing applicant’s appeal, setting aside stay of removal previously granted—Applicant citizen of Ghana, convicted of robbery—Board staying deportation order for three years subject to conditions—Later convicted of threatening death, bodily harm to girlfriend—Applicant receiving suspended sentence, probation—Attending, completing one-day anger management course as required by probation officer—Board applying factors enunciated in Ribic v. Canada (Minister of Employment and Immigration), [1985] I.A.B.D. No. 4 (I.A.B.) (QL) in reconsidering, setting aside stay of removal—Whether Board basing decision on findings of fact unsupported by evidence—Board mischaracterizing or ignoring evidence that could have materially affected result by, inter alia, giving seriousness of crime increased weight based upon false view of previous record; not considering evidence showing applicant taking responsibility for actions; failing to consider remedial action taken to address anger management concerns—While open to Board to disagree with probation officer assessment that one-day anger management course sufficient for applicant, Board must explain basis for disagreement, view that more required—Unreasonable for Board to fault applicant for failing to take additional courses if no more required—Application allowed.
Bosompem v. Canada (Public Safety and Emergency Preparedness) (IMM-4865-11, 2012 FC 196, Zinn J., judgment dated February 10, 2012, 14 pp.)