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Canada took a strict view on immigration in the early 1970s. At this time the only way for a foreigner already inside Canada to become a permanent resident was through a claim to convention refugee status, and high numbers of claims led the Department of Employment and Immigration to believe that most were taking advantage of the system to stay and work in Canada.
Any migrant can claim to be a refugee and it will be investigated. Claims for refugee status and for admissibility as well as appeals of the decisions of the immigration officers are directed to the Immigration and Refugee Board of Canada (IRB). The IRB is the largest tribunal in Canada and hears over 25,000 claims a year.
Canada (AG) v Ward, [1993] 2 S.C.R. 689 was a landmark refugee law case decided by the Supreme Court of Canada. It was significant for clarifying what constitutes a "well-founded fear of persecution" when making a claim for Convention refugee status.
Once presenting itself as one of the world's most welcoming countries to refugees and immigrants, Canada is launching a global online ad campaign cautioning asylum-seekers that making a claim is ...
Miller said Canada also "will be introducing measures to streamline the asylum system to deal quickly with illegitimate claims." He has hinted at fast-tracking faint-hope refugee claims.
The Refugee Appeals Division (RAD) hears appeals of refugee matters, in accordance to the conventions of the United Nations that Canada is a signatory of: Convention Relating to the Status of Refugees (1951) Protocol Relating to the Status of Refugees (1967) Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or ...
Suresh v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada in the areas of constitutional law and administrative law.The Court held that, under the Canadian Charter of Rights and Freedoms, in most circumstances the government cannot deport someone to a country where they risk being tortured, but refugee claimants can be deported to their ...
On the basis of his conviction, he was denied refugee status under article 1F(c) of the UN Convention Relating to the Status of Refugees which excluded claimants "with respect to whom there are serious reasons for considering that [they have] been guilty of acts contrary to the purposes and principles of the United Nations." A conditional ...