Feher et al v Minister of Public Safety 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 |
UNHCR Comments on the Draft Agreement between Canada and the United States of America for "Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries"
26 July 2002 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries |