Title Feher et al v Minister of Public Safety 2019 FC 335
Publisher Canada: Federal Court
Publication Date 20 March 2019
Country Canada | Hungary
Topics Safe country of origin
Cite as Feher et al v Minister of Public Safety 2019 FC 335, Canada: Federal Court, 20 March 2019, available at: https://www.refworld.org/cases,CAN_FC,5d7a3f3f4.html [accessed 4 October 2022]
Comments 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].
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