Case Law

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 | Topic(s): Safe country of origin | Countries: Canada - Hungary

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 | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

Asexuality cannot be considered as falling within the LGBTI group for which an exception is made with regard to Algeria as safe country of origin, para 4.1

21 March 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Safe country of origin | Countries: Algeria - Netherlands

14 September 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Safe country of origin | Countries: Albania - Netherlands

14 September 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Regional instruments - Safe country of origin | Countries: Albania - Netherlands

16 January 2014 | Judicial Body: Belgium: Cour constitutionnelle | Topic(s): Effective remedy - Safe country of origin | Countries: Albania - Belgium - Bosnia and Herzegovina - India - Montenegro - North Macedonia - Serbia

23 September 2011 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Re-entry - Readmission - Safe country of origin - State protection | Countries: Iran, Islamic Republic of

8 March 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Persecution of family members - Safe country of origin | Countries: Australia

On appeal from the Queen's Bench, Administrative Court.

17 February 2011 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Arbitrary arrest and detention - Asylum policy - Country of origin information (COI) - Manifestly unfounded / Clearly abusive claims - Persecution based on political opinion - Political parties - Safe country of origin | Countries: Gambia