1 / 8

Housekeeping

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

tanek
Télécharger la présentation

Housekeeping

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

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

More Related