Canada Immigration Case Law ,Mojahed v,Canada,( May 28, 2015, J.Federal Court )

Editorial Caselaws Leave a Comment

This is again an IMMIGRATION case, Mojahed v. Canada — Inadmissible and removable classes — Loss of permanent resident status

Case law is not meant for people interested to apply for immigration to Canada, but may be used by those who feel the system is not fair, to gain an understanding of the recourse available in Canada. Content for this video is sourced from information distributed by Thomson Reuters. Judgement for this case is attached in my blog as a pdf document

Refugee claimant was born in Iran — Claimant alleged that he was vocal supporter of monarchist cause in Iran and as result was threatened by agents of Iranian government in Iran and Austria — Claimant became permanent resident of Austria in December 2004 — Claimant subsequently left Austria for St Martens where he worked for uninterrupted period of one year outside of Austria and European Economic Area and as result lost his permanent resident status in Austria — Austrian authorities had also issued arrest warrant against him for various fraud-related offences and Refugee Protection Division (RPD) found that possibility of claimant be allowed by into Austria was mixed — Claimant came to Canada as visitor in 2011 and Citizenship and Immigration refused to extend his visa — Claimant filed refugee claim in Canada in 2012 — RPD found that claimant was excluded from refugee protection pursuant to art. 1E of Convention because he had voluntarily allowed his permanent residence status in Austria to lapse — Claimant applied for judicial review — Application dismissed — Claimant had rights and obligations similar to national of safe country and voluntarily failed to maintain his status, and this factor could be weighed against him by RPD — Possibility of re-admission of claimant to Austria for purpose of prosecuting him did not guarantee that he would thereafter be reinstated in his permanent resident status — This is type of weighing exercise to which Court should defer on reasonableness standard of review, in light of specialized nature of RPD and its complete jurisdiction to determine plausibility of testimony, to gauge credibility of account and to draw necessary inferences

Mojahed v. Canada (Minister of Citizenship and Immigration) (May 28, 2015, Yves de Montigny J., Federal Court) 255 A.C.W.S. (3d) 687

Leave a Reply