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

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Refugee status — Requirements — Applicant was 25-year-old Romani citizen of Hungary who claimed to have well-founded fear of persecution on account of her Roma ethnicity and her experiences as victim of domestic and gender-based violence — Applicant was raised in foster care and government institutions until age of 19 — While …

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

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Refugee status — Procedure — Procedural fairness — Quality of interpretation — Refugee claimants were citizens of Croatia and Bosnia who alleged they had been persecuted in Bosnia because of their Catholic religion and persecuted in Croatia because of their Bosnian nationality — Board found that claimants lacked well-founded fear of persecution …

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

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Refugee status — Requirements — Well founded fear of persecution — Credibility — Refugee claimant was citizen of Guatemala who alleged fear and risk to his life at hands of kidnappers who were aware that he witnessed kidnapping — Refugee Protection Division (RPD) noted discrepancies between claimant’s amended Personal Information Form and …

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

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! CITIZENSHIP — Appeal — Application for citizenship by child adopted by Canadian citizen — Adoptive mother was Canadian citizen who had applied to adopt five year old daughter of her cousin in St Vincent, who was single mother — Adoptive mother began adoption process in 2010 when child was baby — In 2010 court …

Canada Immigration Case-law Canada, Paashazadeh, IMMIGRATION — Inadmissible and removable classes — Misrepresentation by Joy Stephen, Polinsys

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Inadmissible and removable classes — Misrepresentation — Mens rea — Material fact — Foreign national was citizen of Iran who applied for permanent residence under Federal Skilled Worker (FSW) category — Foreign national listed former positions as work experience on application but did not disclose position at A which she held full …

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

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Refugee status — Procedure — Applicant’s claim for refugee protection was rejected — Member and applicant were in same room for hearing, but interpreter was in another city and telephone connections were terrible — Many communications to and from interpreter were inaudible or indecipherable or misunderstood — There were concerns about arrest …

Canada Immigration Case-law Canada, Hammoudeh, IMMIGRATION — Selection and admission — Humanitarian and compassionate grounds by Joy Stephen, Polinsys

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Selection and admission — Humanitarian and compassionate grounds — Respondent was 52 years old and citizen of Jordan — He became a permanent resident of Canada on November 4, 2005 — Respondent was pharmacist, and he immigrated to Canada as skilled worker with his wife and three children — Respondent was unable …

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

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Refugee status — Requirements — Refugee Protection Division of the Immigration and Refugee Board rejected applicant’s claim for refugee protection — Board did not find applicant’s claim credible — Board found applicant was victim of extortion — Board concluded applicant failed to link crime that he feared to Convention ground — Board …

Canada Immigration Case-law Canada, Durmus, IMMIGRATION — Refugee status — Procedurel by Joy Stephen, Polinsys

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here! IMMIGRATION — Refugee status — Requirements — Applicant fled country of origin and travelled to Spain, Cuba, Bahamas and United States spending almost two months there — Refugee and Protection Division of Immigration and Refugee Board of Canada (“board”) denied applicant refugee protection — Board made negative credibility findings and concluded there was no …