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Housekeeping

Housekeeping. No class on February 28 th IRB visits ‘exclusions’ next class. How to Make a Refugee Claim in Canada . 2 places to apply: POE or CIC IF not subject to a removal order (s.99(2)) eligibility determination by officer, 3 days, s.100, onus on claimant

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Housekeeping

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  1. Housekeeping • No class on February 28th • IRB visits • ‘exclusions’ next class

  2. How to Make a Refugee Claim in Canada • 2 places to apply: POE or CIC • IF not subject to a removal order (s.99(2)) • eligibility determination by officer, 3 days, s.100, onus on claimant • barred if (s.101): bad criminality, already protected, prior – ineligible/abandoned/wdrawn • recognized elsewhere and can return • came from ‘designated country’ – Dec 2004 agreement with the United States • exception for s.35(1)(c) **

  3. What happens next… • to the IRB, Refugee Protection Division • 28 days to file P.I.F. • 3 streams • note s.97 expansion • if positive: PR application + sponsorship? • if negative: leave application? h&c application? PRRA application?

  4. Canada v Ward 1993 SCC • back up state protection • human rights interpretive paradigm ushered in by Charter • first SCC case, international influence

  5. Being Persecuted • end of ‘state complicity’ requirement • sustained or systemic violation of fundl rights • presumption of state capacity • unable and unwilling given separate content • well-foundedness linked to absence of state protection • no need to demonstrate have asked for protection • importance of dual nationality

  6. Membership in a PSG • not an all encompassing catch all • links to human rights standards and anti-discrimination law • 3 types: • innate or unchangeable characteristics • voluntarily associate for reasons fundamental to human dignity • formerly voluntary: historical permanence

  7. Political Opinion • need not have been expressed outright • need not conform to true beliefs • his actions inconsistent with any other motive here • disagreement must be rooted in a political conviction of some sort

  8. Bottom lines • state protection not tested re UK, possibly excluded under terrorism provisions • returned to the Board

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