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Adjudication of asylum claims (refugee status determination / asylum procedures) / Safe country of origin

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UNHCR Statement on safe country concepts and the right to an effective remedy in admissibility procedures, Issued in the context of the preliminary ruling reference to the Court of Justice of the European Union in the case of LH v Bevándorlási és Menekültügyi Hivatal (C-564/18)

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

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

2016 Country Reports on Human Rights Practices - Hungary

3 March 2017 | Publisher: United States Department of State | Document type: Annual Reports

2015 Country Reports on Human Rights Practices - Hungary

13 April 2016 | Publisher: United States Department of State | Document type: Annual Reports

How the EU's refugee plan stacks up

9 September 2015 | Publisher: IRIN | Document type: Country News

A Union of Protection: Amnesty International's Agenda for Refugee Protection in Europe

7 September 2015 | Publisher: Amnesty International | Document type: Regional Reports

Hungary: Government Decree 191/2015 (VII.21) on national designation of safe countries of origin and safe third countries

1 August 2015 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

Hungary: Government Decree 191/2015 (VII.21) on national designation of safe countries of origin and safe third countries

1 August 2015 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

Background Information on the Situation of Non-Europeans in Hungary in the Context of the "Safe Third Country" Concept

1 November 1995 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

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