Canada Immigration Case-law Canada v Singh, IMMIGRATION — Visitors — General by Joy Stephen, Polinsys

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IMMIGRATION — Visitors — General Judgement for this Case: Click here! Applicant applied to Saskatchewan Immigrant Nominee Program (“SINP”) under Farmer Entrepreneur Category — SINP invited applicant to visit Saskatchewan — Applicant sought temporary resident visa — Officer noted applicant did not disclose that applicant was previously asked to leave United States 19 years ago — Applicant was provided 30 …

Canada Immigration Case-law Canada v Thirumaney, IMMIGRATION — Selection and admission — Sponsorship by Joy Stephen, Polinsys

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IMMIGRATION — Selection and admission — Sponsorship Judgement for this Case: Click here! Applicant was born in Sri Lanka and became Canadian citizen in 1990 — Applicant was on welfare because he lost his fingers to frostbite in 1994 — Applicant suffered from depression and was diagnosed with schizophrenia — In 2009 applicant married wife, Sri Lankan national, and applied …

Canada Immigration Case-law Canada v Molnar, IMMIGRATION — Exclusion and expulsion — Removal order by Joy Stephen, Polinsys

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IMMIGRATION — Exclusion and expulsion — Removal orders Judgement for this Case: Click here! Right of refugee claimant to judicial review after removal — Refugee claimants were Roma citizens of Hungary who had made unsuccessful refugee claim — Claimants’ motion for stay of removal was dismissed and claimants departed Canada and returned to Hungary in November 2014 — Claimants had …

Canada Immigration Case-law Canada v Purvis, Qualifications — General by Joy Stephen, Polinsys

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CITIZENSHIP — Qualifications — General Judgement for this Case: Click here! Quantitative and qualitative tests — Foreign national was citizen of United States who married Canadian citizen and became permanent resident in 1989 — Citizenship judge approved application on ground foreign national met physical presence test — Citizenship judge then went on to consider whether foreign national was “koo-able” — …

Canada Immigration Case-law Canada v Purvis, CITIZENSHIP — Appeal by Joy Stephen, Polinsys

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CITIZENSHIP — Appeal Judgement for this Case: Click here! Residence — Evidence — Foreign national was citizen of United States who married Canadian citizen and became Canadian permanent resident in 1989 — Foreign national had established chiropractic clinic in United States in 1996, and family moved there however family returned to Canada in 2005 and foreign national intended to sell …

Canada Immigration Case-law Canada v Purvis, CITIZENSHIP — General by Joy Stephen, Polinsys

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CITIZENSHIP — General Judgement for this Case: Click here! Application for citizenship was approved on May 27, 2014 — Minister appealed decision pursuant to s. 14(5) of Citizenship Act (Can.) — This provision has been replaced with judicial review scheme — Section 39 of Strengthening Canadian Citizenship Act (Can.) (“SCCA”), provided that appeal procedure continued to govern cases which were …

Canada Immigration Case-law Canada v Haq, IMMIGRATION — Refugee status — Procedure by Joy Stephen, Polinsys

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IMMIGRATION — Refugee status — Procedure Judgement for this Case: Click here! Applicant’s claim for refugee protection was rejected — Board found applicant not to be credible, would not be at risk if returned to country of origin and political scene in country of origin had changed — Applicant received negative pre-removal risk assessment (“PRRA”) three years later — Officer …

Canada Immigration Case-law Canada v Huang, IMMIGRATION — Refugee status — Requirements by Joy Stephen, Polinsys

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IMMIGRATION — Refugee status — Requirements Judgement for this Case: Click here! State refused to remove intrauterine device that state required to be inserted after applicant gave birth to one child — Applicant fled country of origin and arrived in United States — Applicant’s claim for refugee protection was rejected — Refugee Protection Division (“RPD”) concluded applicant failed to seek …

Canada Immigration Case-law Canada v Kulasekaram, IMMIGRATION — Refugee status — Procedure by Joy Stephen, Polinsys

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IMMIGRATION — Refugee status — Procedure Judgement for this Case: Click here! Refugee Protection Division (“RPD”) denied applicant refugee protection — RPD noted problems with applicant’s story and absence of corroborating evidence that he was being sought by authorities in country of origin — RPD did not believe applicant was wanted by government security forces and did not believe evidence …

Canada Immigration Case-law Canada v Lasab, IMMIGRATION — Refugee status — Requirements by Joy Stephen, Polinsys

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IMMIGRATION — Refugee status — Requirements Judgement for this Case: Click here! Applicants were from Czech Republic — Female applicant was Roma and minor applicant was partial Roma — Male applicant did not face any discrimination until he met female applicant — Male applicant claimed he experienced racial insults, problems with co-workers, demotion, pay reduction and forced employment relocation — …