Canada Immigration Caselaw Canada v Yafu, Refugee status , Requirements, Joy Stephen, Polinsys

Editorial Caselaws 141 Comments

Judgement for this Case: Click here!

Canada (Minister of Citizenship and Immigration) v. Yafu

IMMIGRATION — Refugee status — Requirements

Applicant claimed to fear persecution from loan shark his father borrowed money from — Applicant was sent to Canada to work to pay off debt — Applicant came to Canada on work permit and remained in Canada after permit expired — Applicant claimed that if he returned to Thailand loan shark would find him and he would be in danger — Applicant filed for refugee protection — Immigration and Refugee Board denied applicant’s claim on basis that he was not credible, he did not have subjective fear and that he had internal flight alternative in Bangkok, Thailand — Applicant applied for judicial review — Application dismissed — Board’s finding of internal flight alternative in Bangkok was reasonable and applicant could not be afforded protection under Immigration and Refugee Protection Act (Can.) — Applicant had not discharged burden of showing he would be at risk in Bangkok

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