Determination of a “Country of Reference” for the assessment of an individual’s refugee claim

By Nilufar SadeghiJoseph W. Allen & Associates In Dolma v. Canada (Citizenship and Immigration) 2015 FC 703, an application for judicial review is brought forward by Ms. Dolma of a decision by the Immigration and Refugee Board of Canada’s Refugee Protection Division (hereby referred to as the RPD), where the Board refused her refugee claim. Pertinent Legislation 1951 Convention relating to the Status of Refugees Article 1. Definition of the term “refugee”A. For the purpose of the present Convention, the term “refugee” shall apply to any person who:  […]  (2) […] In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he… Lire la suite

A person’s refugee protection cannot be ceased for having applied for a passport from their country of origin

By Nilufar Sadeghi Joseph W. Allen & AssociatesIn Canada (Public Safety and Emergency Preparedness) v. Bashir 2015 FC 51, an application for judicial review is brought forward by the Minister of Public Safety and Emergency Preparedness on a decision by the Immigration and Refugee Board of Canada’s Refugee Protection Division, where the Board refused to cease the refugee protection of Mr. Bashir, for having applied and obtained a passport from his country of origin, Pakistan, after having been accepted in Canada as a refugee. The Minister had argued in first instance before the Immigration and Refugee Board that the fact that Mr. Bashir presented himself at the Pakistani Consulate and obtained a passport, demonstrated a lack of fear of his country of origin and that as such, his refugee protection should cease. Pertinent Legislation Immigration and Refugee Protection Act (S.C. 2001, c. 27) s.108. (1) A claim for refugee protection… Lire la suite