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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 Safetz 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

Progress Report 2018: A Global Strategy to Support Governments to End the Detention of Asylum-Seekers & Refugees, 2014 - 2019

February 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Freedom on the Net 2018 - Canada

1 November 2018 | Publisher: Freedom House | Document type: Annual Reports

Country Reports on Terrorism 2017 - Canada

19 September 2018 | Publisher: United States Department of State | Document type: Annual Reports

2018 Trafficking in Persons Report - Canada

28 June 2018 | Publisher: United States Department of State | Document type: Annual Reports

EU, Canada slap sanctions on Myanmar military officials over Rohingya crisis

25 June 2018 | Publisher: Radio Free Asia | Document type: Country News

Freedom in the World 2018 - Canada

28 May 2018 | Publisher: Freedom House | Document type: Annual Reports

2018 Global Report on Internal Displacement - The Americas

16 May 2018 | Publisher: Norwegian Refugee Council/Internal Displacement Monitoring Centre (NRC/IDMC) | Document type: Annual Reports

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