Title Factum of the Intervener United Nations High Commissioner for Refugees in the case Mason v. Canada
Publisher UN High Commissioner for Refugees (UNHCR)
Publication Date 6 September 2022
Country Canada
Topics Access to procedures | Non-refoulement | Refugee status determination (RSD) / Asylum procedures
Citation / Document Symbol S.C.C. File No. 39855
Cite as UN High Commissioner for Refugees (UNHCR), Factum of the Intervener United Nations High Commissioner for Refugees in the case Mason v. Canada, 6 September 2022, S.C.C. File No. 39855, available at: https://www.refworld.org/docid/631f1fe94.html [accessed 18 May 2023]
Comments UNHCR submits that any interpretation and application of section 34(1)(e) of the IRPA that would result in denial of international refugee protection other than that based on the eligibility criteria in Article 1, or on an exception to the non-refoulement principle provided for in Article 33(2) of the Refugee Convention, would be at variance with Canada’s international obligations. UNHCR further submits that State Party obligations under the Refugee Convention should be at the forefront of any decision-making process engaging the rights of asylum-seekers and their access to asylum procedures in Canada, regardless of whether an individual litigant has argued this point before a tribunal at first instance.