Case Law

4 June 2012 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence | Countries: Canada - El Salvador

Application for review of decision of Immigration and Refugee Board regarding applicant and two minor children. Application granted on basis that the Board failed to properly analyse children’s situation with respect to the availability of state protection in Mexico.

30 May 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Domestic violence - State protection | Countries: Canada - Mexico

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that Board failed to address forwardlooking risk and the assess the independent evidence to support such claim.

3 May 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Persecution based on political opinion - Tamil | Countries: Canada - Sri Lanka

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that the Board failed to provide adequate reasons regarding conclusion of exclusion under Article 1F(b) and to not follow the Jayasekara doctrine.

30 April 2012 | Judicial Body: Canada: Federal Court | Topic(s): Domestic violence - Exclusion clauses - Gender-based persecution - Serious non-political crime | Countries: Canada - Guyana

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that decision was made in reviewable error for two reasons: no proper application was conducted of the Chairperson’s Gender Guidelines, and no fair analysis was given to available evidence.

24 April 2012 | Judicial Body: Canada: Federal Court | Topic(s): Child prostitution - Domestic violence - Gender-based persecution - State protection - Trafficking in persons | Countries: Albania - Canada

Application for review of two decisions of the Immigration and Refugee Board. Review granted on basis the Board's finding was unreasonable as it lacked due regard to Uganda’s decision to grant refugee status to the applicants and irrelevant and credibility findings were found for one applicant.

29 March 2012 | Judicial Body: Canada: Federal Court | Countries: Canada - Eritrea

Application for review of decision of Second Secretary, Immigration at the Canadian Embassy in Moscow, Russia. Application granted on basis that the Officer failed to consider other protection on grounds apparent from evidence submitted other than those claimed by applicants.

28 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Extended definition - Gender discrimination - International armed conflict - SGBV | Countries: Afghanistan - Canada

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that the Board’s decision was unreasonable.

22 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Falun Gong - Religious persecution (including forced conversion) | Countries: Canada - China

21 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Benefit of the doubt - Credibility assessment | Countries: Afghanistan - Canada

21 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Discrimination based on race, nationality, ethnicity - Roma - State protection | Countries: Canada - Hungary