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 asylum in United States, which undermined her credibility — Fact applicant was free to leave country of origin undermined claim that she was sought by authorities — RPD held that even if applicant became pregnant and were to return to country of origin, she would only be subjected to social maintenance fee — Applicant sought judicial review — Application dismissed — Decision in result was reasonable particularly on issue of country shopping and lack of physical harm if returned to country of origin

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