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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Regina v. Appulonappa

The Court found that Section 117 of Immigration and Refugee Protection Act is inconsistent with the provisions of the Constitution and therefore has no force or effect.

11 January 2013 | Judicial Body: Canada: Supreme Court of British Columbia | Topic(s): Immigration law - Smuggling of persons | Countries: Canada

Francis Ojo Ogunrinde v. Canada (Minister of Public Safety and Emergency Preparedness; Minister of Citizenship and Immigration)

Application for judicial review of decision which denied Pre-Removal Risk Assessment. Application granted on basis that treatment of evidence was unreasonable.

15 June 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Canada - Nigeria

Saleem v. Canada (Minister of Citizenship and Immigration)

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that the Board’s IFA finding was unreasonable.

8 June 2012 | Judicial Body: Canada: Federal Court | Topic(s): Criminal justice - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Canada - Pakistan

Jonatan Guzman Portillo v. Minister of Citizenship and Immigration

4 June 2012 | Judicial Body: Canada: Federal Court | Topic(s): Gang related violence | Countries: Canada - El Salvador

Cruz v. Canada (Minister of Citizenship and Immigration)

Application for review of decision of Immigration and Refugee Board regarding applicant and two minor children. Application granted on basis that the Board failed to properly analyse children’s situation with respect to the availability of state protection in Mexico.

30 May 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Domestic violence - State protection | Countries: Canada - Mexico

Pathmanathan v. Canada (Minister of Citizenship and Immigration)

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that Board failed to address forwardlooking risk and the assess the independent evidence to support such claim.

3 May 2012 | Judicial Body: Canada: Federal Court | Topic(s): Credibility assessment - Persecution based on political opinion - Tamil | Countries: Canada - Sri Lanka

Profitt v. Canada (Minister of Citizenship and Immigration)

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that the Board failed to provide adequate reasons regarding conclusion of exclusion under Article 1F(b) and to not follow the Jayasekara doctrine.

30 April 2012 | Judicial Body: Canada: Federal Court | Topic(s): Domestic violence - Exclusion clauses - Gender-based persecution - Serious non-political crime | Countries: Canada - Guyana

Talo v. Canada (Minister of Citizenship and Immigration)

Application for review of decision of the Immigration and Refugee Board. Application granted on basis that decision was made in reviewable error for two reasons: no proper application was conducted of the Chairperson’s Gender Guidelines, and no fair analysis was given to available evidence.

24 April 2012 | Judicial Body: Canada: Federal Court | Topic(s): Child prostitution - Domestic violence - Gender-based persecution - State protection - Trafficking in persons | Countries: Albania - Canada

M.P.W. v. Canada

13 April 2012 | Judicial Body: UN Committee on the Elimination of Discrimination Against Women (CEDAW) | Countries: Canada - Mexico

Canada (Minister of Public Safety and Emergency Preparedness) v. X

13 April 2012 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Countries: Canada - Sri Lanka - Thailand

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