Canada: Federal Court

The Applicants challenge the validity and the constitutionality of the legislation implementing the Agreement between the Government of Canada and the Government of the United States of America For Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (referred to as the “Safe Third Country Agreement” or “STCA”). The Applicants allege that by returning ineligible refugee claimants to the United States (US), Canada exposes them to risks in the form of detention, refoulement, and other violations of their rights contrary to the 1951 Convention Relating to the Status of Refugees, 28 July 1951, 189 UNTS at 137 (Refugee Convention or RT) and contrary to the United Nations Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT, collectively referred to as the Conventions).

22 July 2020 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Safe third country | Countries: Canada - United States of America

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

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

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

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

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

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

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

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