Tapambwa v Canada (Citizenship and Immigration)[1], a recent Federal Court of Appeal (FCA) decision, discusses the authority of officers charged with deciding a Pre-Removal Risk Assessment (PRRA) when the applicant was previously…
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In the case of Singh, 2015 FC 377, pars. 47-48, an applicant failed to include his prior failed refugee claim and removal from the U.S. on his temporary resident visa application. In…
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Refugee claimants who flee their homes and make it to another country often find themselves in a particularly vulnerable state while navigating through the justice system. Understanding the legal proceedings is oftentimes…
Continue ReadingOur office assisted a client from south Asia seeking refugee protection in Canada. The client initially arrived in Canada and claimed refugee protection several years ago. This case presented some difficulty, as…
Continue ReadingAfter a claim for refugee protection is made in Canada, the claimant receives a hearing date to appear before a member of the Refugee Protection Division (RPD) who will question the claimant…
Continue ReadingThe Federal Court has reasserted its position that credibility concerns are not necessarily dispositive of a claim for refugee protection under s. 97 of the Immigration and Refugee Protection Act (IRPA). In…
Continue ReadingLast week, the Federal Court of Appeal clarified how the Refugee Appeal Division (RAD) should review Refugee Protection Division (RPD) decisions. The RAD has, since the end of 2012, been considering appeals…
Continue ReadingAt the heart of much immigration litigation is the tricky issue of credibility. At the Refugee Protection Division, for example, the Member deciding the claim must evaluate whether the claimant’s version of…
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