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Housekeeping

This guide outlines the essential processes involved in making a refugee claim in Canada. It covers critical aspects such as eligibility determination, application venues (POE or CIC), and possible exclusions, including bad criminality and prior ineligibility. Learn about the IRB and Refugee Protection Division, timelines for filing a Personal Information Form (PIF), and implications of negative outcomes. The guide also addresses legal principles surrounding persecution, state protection, and membership in particular social groups, emphasizing the importance of human rights standards in the refugee determination process.

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Housekeeping

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Presentation Transcript

  1. Housekeeping • No class on February 28th • IRB visits • ‘exclusions’ next class

  2. How to Make a Refugee Claim in Canada • 2 places to apply: POE or CIC • IF not subject to a removal order (s.99(2)) • eligibility determination by officer, 3 days, s.100, onus on claimant • barred if (s.101): bad criminality, already protected, prior – ineligible/abandoned/wdrawn • recognized elsewhere and can return • came from ‘designated country’ – Dec 2004 agreement with the United States • exception for s.35(1)(c) **

  3. What happens next… • to the IRB, Refugee Protection Division • 28 days to file P.I.F. • 3 streams • note s.97 expansion • if positive: PR application + sponsorship? • if negative: leave application? h&c application? PRRA application?

  4. Canada v Ward 1993 SCC • back up state protection • human rights interpretive paradigm ushered in by Charter • first SCC case, international influence

  5. Being Persecuted • end of ‘state complicity’ requirement • sustained or systemic violation of fundl rights • presumption of state capacity • unable and unwilling given separate content • well-foundedness linked to absence of state protection • no need to demonstrate have asked for protection • importance of dual nationality

  6. Membership in a PSG • not an all encompassing catch all • links to human rights standards and anti-discrimination law • 3 types: • innate or unchangeable characteristics • voluntarily associate for reasons fundamental to human dignity • formerly voluntary: historical permanence

  7. Political Opinion • need not have been expressed outright • need not conform to true beliefs • his actions inconsistent with any other motive here • disagreement must be rooted in a political conviction of some sort

  8. Bottom lines • state protection not tested re UK, possibly excluded under terrorism provisions • returned to the Board

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