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Canada: Quarantine Act

17 March 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

REEM YOUSEF SAEED KREISHAN et al, Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent

19 August 2019 | Judicial Body: Canada: Federal Court of Appeal | Document type: Case Law | Topic(s): Appeal / Right to appeal - Family reunification - Refoulement - Safe third country | Countries: Bangladesh - Canada - Colombia - Jordan - Syrian Arab Republic - United States of America

Canada: C-29 Citizenship Act

12 July 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Canada: C-97_4 Budget Implementation Act 2019

21 June 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29

Courts — Jurisdiction — Habeas corpus — Exceptions to exercise of jurisdiction by provincial superior courts — Immigration detainee applying for habeas corpus — Superior court declining jurisdiction to hear application on basis that detention review scheme in Immigration and Refugee Protection Act is complete, comprehensive and expert statutory scheme providing for review at least as broad as that available by way of habeas corpus and no less advantageous — Whether superior court erred in declining jurisdiction — Immigration and Refugee Protection Act, S.C. 2001, c. 27.

10 May 2019 | Judicial Body: Canada: Supreme Court | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Habeas corpus - Right to liberty and security | Countries: Canada - Pakistan

Feher et al v Minister of Public Safety 2019 FC 335

These applications for judicial review involve a constitutional challenge to a part of the Designated Countries of Origin [DCO] regime established under the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. This Court has previously determined that one aspect of this regime withstands constitutional scrutiny. Other cases have found that the differential treatment of refugee claimants from a DCO is inconsistent with the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. In this case, the Applicants challenge paragraph 112(2) (b.1) of the IRPA on the basis that it infringes subsection 15(1) of the Charter. This paragraph precludes a refugee claimant from a DCO from applying for a pre-removal risk assessment [PRRA] before 36 months have elapsed from the last determination of their risk before the Refugee Protection Division [RPD] or the Refugee Appeal Division [RAD] of the Immigration and Refugee Board [IRB].

20 March 2019 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Safe country of origin | Countries: Canada - Hungary

Ferenc Feher, Richard Sebok and the Canadian Association of Refugee Lawyers et al (applicants) v. the Minister of Public Safety and Emergency Preparedness (respondent)

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

Decision TB7-01837 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario

Jurisprudential Guide: Whether the treatment experienced by Ahmadis from Pakistan amounted to persecution and whether state protection and an internal flight alternative are available.

8 May 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Document type: Case Law | Topic(s): Ahmadis - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - State protection | Countries: Canada - Pakistan

Decision MB6-01059 / MB6-01060 (Jurisprudential Guide, in private) Heard at Refugee Appeals Division, Montreal, Quebec

Jurisprudential Guide: Internal flight alternative in India for claimants from Punjab

6 February 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Police - Punjabis | Countries: Canada - India

X and Y v. Canada

1 December 2016 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Freedom of expression - Rule of law / Due process / Procedural fairness | Countries: Canada - Saudi Arabia

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