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policy, publication, or case law, and may not be construed to create or limit any rights enforceable by law. • The information provided as part of the MHP, including anything communicated orally or in writing, is not legal advice and does not constitute any legal opinion by the Department of Justice or the Department of Homeland Security.
- For example, the Court has noted that one of the relevant international human rights instruments is the Convention on the Rights of the Child (CRC) and that when determining whether a child claiming refugee status fits the definition of Convention refugee, decision-makers must inform themselves of the distinctive rights recognized in the CRC.
- Gur, Irem v. M.C.I. (F.C., no. IMM-6294-11), de Montigny, August 14, 2012; 2012 FC 992. See also Antoine, Belinda v. M.C.I. (F.C., no. IMM-4967-14), Fothergill, June 26, 2015; 2015 FC 795, where the PRRA Officer had held that in order to avoid persecution, the applicant must continue to avoid an overtly lesbian lifestyle.
- Sagharichi, Mojgan v. M.E.I. (F.C.A., no. A-169-91), Isaac, Marceau, MacDonald, August 5, 1993, at 2. Reported: Sagharichi v. Canada (Minister of Employment and Immigration) (1993), 182 N.R.
- Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, 20 Imm. L.R. (2d) 85. Return to note 4 referrer.
2.1 Every year, war, violence, and persecution displace millions of people. Canada offers refugee protection, or asylum, to people who have a well-founded fear of persecution or are in danger in their countries of nationality. 2.2 With record levels of migration worldwide, Canada was the world’s ninth-largest recipient of asylum seekers in ...
The first part of this chapter provides an historical overview of the Canadian asylum process. The second part explores how international and constitutional law structures shapes and constrains asylum law in Canada. The next two sections discuss elements of the asylum regime through an enlarged conception of the right to be heard. In its … Continue reading Asylum and the rule of law in ...
Nov 26, 2010 · This case brings to the fore the very difficult task facing immigration judges trying to determine the veracity of claimants’ testimony in asylum cases. The Supreme Court declined to express a conclusive view on the standard of proof in this area, a point which was acknowledged to be “both difficult and important”.
Jan 1, 2014 · 8 U.S. Code § 1158 - Asylum. Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’ s status, may ...
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Feb 3, 2015 · In this regard, it is worth noting that, while in common law judicial decisions constitute primary sources of law, in international law they are secondary sources and enjoy the same status as the views ‘of the most highly qualified publicists of the various nations ’ (article 38(d) of the Statute of International Court of Justice (ICJ), emphasis added). Article 59 of the ICJ Statute ...
