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

3 February 2017 | Judicial Body: Canada: Federal Court

23 July 2015 | Judicial Body: Canada: Federal Court | Topic(s): Safe country of origin | Countries: Canada

20 February 2015 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Roma - State protection | Countries: Canada - Hungary

13 January 2015 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence - Persecution based on political opinion - Social group persecution | Countries: Canada - Honduras

13 May 2014 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence - Well-founded fear of persecution | Countries: Canada - El Salvador - Mexico - United States of America

6 May 2014 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence - Persons not in need of international protection - Social group persecution | Countries: Canada - El Salvador - United States of America

6 May 2014 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence - Social group persecution | Countries: Canada - El Salvador - United States of America