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Canada: Federal Court

The Federal Court is Canada's national trial court which hears and decides legal disputes arising in the federal domain, including claims against the Government of Canada, civil suits in federally-regulated areas and challenges to the decisions of federal tribunals. Until 2003, the Federal Court of Canada consisted of two divisions: an Appeal and a Trial Division. On 2 July 2003, these divisions became two separate courts: the Federal Court of Appeal and the Federal Court. Website: www.fca-caf.gc.ca/index_e.shtml
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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

Franco v. Canada (Citizenship and Immigration)

3 February 2017 | Judicial Body: Canada: Federal Court | Document type: Case Law

V.S. v. Canada (Citizenship and Immigration)

The determinative issue on this application concerns the Officer’s analysis of the evidence of hardship related to the Applicant’s claim to be a lesbian

7 October 2015 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Cameroon - Canada

Y.Z. v. Canada (Citizenship and Immigration)

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

Minister of Citizenship and Immigration v. Aladar Racz and others

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

Banegas v. Canada (Minister of Citizenship and Immigration)

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

Carranza Benitez and Others v. Canada (Minister of Citizenship and Immigration)

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

Ayala Sosa and Others v. Canada (Minister of Citizenship and Immigration)

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

Ayala Sosa and Others v. Canada (Minister of Citizenship and Immigration)

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

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