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 | 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 | 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 | 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 | 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 | 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) | Topic(s): Freedom of expression - Rule of law / Due process / Procedural fairness | Countries: Canada - Saudi Arabia |
Decision TB6-11632 (Jurisprudential Guide, in private) Heard at Refugee Appeals Division, Toronto, Ontario
Jurisprudential Guide: Analysis of whether a person wanted by the authorities can exit China via an airport using a genuine passport. 30 November 2016 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Credibility assessment - Falun Gong - Flight by land, air or sea | Countries: Canada - China |
Decision TB4-05778 (Jurisprudential Guide, in private), Heard at Refugee Appeals Division, Toronto, Ontario
Whether a claimant/appellant who is a citizen of the Democratic People’s Republic of Korea (North Korea) is deemed to be a citizen of the Republic of Korea (South Korea). 27 June 2016 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Citizenship / Nationality law | Countries: Canada - Korea, Democratic People's Republic of |
Kanthasamy v. Canada (Citizenship and Immigration)
10 December 2015 | Judicial Body: Canada: Supreme Court | Topic(s): Complementary forms of protection - Humanitarian protection (including tolerated stay) | Countries: Canada - Sri Lanka |
B010 v. Canada (Citizenship and Immigration)
27 November 2015 | Judicial Body: Canada: Supreme Court | Topic(s): Asylum-seekers - Illegal entry - Immigration law - Smuggling of persons | Countries: Canada - Cuba - Sri Lanka |