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- Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, 103 D.L.R. (4th) 1, 20 Imm. L.R. (2d) 85 at 732; Chan v. Canada (Minister of Employment and Immigration), [1993] 3 F.C.
- M.C.I. v. B344 (F.C. no., IMM-7817-12), Noël, May 8, 2013; 2013 FC 447, at para 37. See also paras 38-41. The Court noted that the mixed motive doctrine was first recognized by the Court of Appeal in Zhu v. M.E.I., (F.C.A.
- In Kutaladze, Levane v. M.C.I. (F.C., no. IMM-7861-11), Shore, May 23, 2012; 2012 FC 627, the Court held that documentary evidence and testimony required the RPD to conduct a more in-depth analysis of the claimant’s allegation that the reason he was extorted and accused of being a spy was because of his political opinion.
- Alhezma, Lotifya K.Q. v. M.C.I. (F.C., no. IMM-2087-16), Bell, November 24, 2016 (delivered orally on November 17, 2016); 2016 FC 1300, at para 18.
- How Do You Show "Nexus" in An Asylum Case?
- Examples of How Asylum Claimants Showed The Required "Nexus" Or Motivation
- Getting Legal Help
Establishing "nexus" involves answering the question "Why?" It's not enough to show the mere fact that you suffered or fear persecution in your home country: You must also show the grounds upon which this persecution was directed at you. You're trying to outweigh any perception that what you faced was random or impersonal. You must demonstrate that...
Asylum claims are decided on a case-by-case basis, meaning that the asylum officer or immigration judge will look at the individual facts of the case and apply the law to those facts. With that in mind, here are some examples where nexus can be established: 1. A young Bangladeshi woman was educating women about birth control as part of her master's...
Consider consulting with an immigration lawyer experienced in asylum and refugee law for help in preparing and presenting your case. The lawyer can provide great value in helping research your country situation, suggest which aspects of your claim are strongest, prepare your written statement, and accompany you to Asylum Office interviewsor court h...
And the Board in upholding the asylum denial in M-F-O-aimed to bolster a standard it has employed in recent years to make it remarkably easy to deny the existence of such a nexus. Our asylum laws state that a nexus exists when persecution is “on account of” one of the five statutorily-protected grounds.3 Whether or not a nexus is found ...
Nov 30, 2018 · Proving Nexus in Your Cases • Importance of country conditions evidence – Place harm suffered or feared into broader country condition and cultural context – Document society’s views about asylum applicant’s PSG/immutable characteristics – Document persecutor’s views re: asylum applicant • Gather expert and supporting affidavits ...
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Myth: Asylum-seekers take advantage of Canada’s immigration system to stay in Canada Fact: In Canada, seeking asylum is a human right that can only be claimed if you are in the country. People fleeing violence or danger must be physically in Canada before they can claim asylum. A person cannot apply for asylum from their home country.
8.3. Interpretation and application of the two-pronged test; 8.3.1. Fear of persecution; 8.3.2. Reasonable in all the circumstances Chapter 9 - Prosecution versus persecution 9 .1. Introduction; 9.2. Prosecution, or persecution for a convention reason 9.2.1. Limits to acceptable legislation and enforcement; 9.2.2. Laws of general application; 9 ...
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Sep 14, 2018 · 3. Persecution. 3.1. Generally. 3.1.1. Definition and general principles. Like other terms in the Convention refugee definition, "persecution" is a word whose meaning is neither self-evident nor defined in the Immigration and Refugee Protection Act (IRPA). Therefore, it has fallen to the courts to identify the boundaries of the word.
