Canada’s Interpretation of Article 1F(b) of the 1951 Refugee Convention

3rd Nov 2014 Comments Off on Canada’s Interpretation of Article 1F(b) of the 1951 Refugee Convention

…Canada. [Emphasis added] What About Economic Crimes? Does Article 1F(b) apply to them? Pursuant to the Federal Court of Appeal decision in Xie v. Canada (Minister of Citizenship and Immigration), [2005] 1 FCR 304, 2004 FCA 250, economic crimes can result in exclusion from refugee protection. Does Article 1F(b) Apply to Dismissed Charges? Article 1F(b) can also be applied where…

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Refugees, Article 1F, and Rehabilitation

3rd Jan 2013 Comments Off on Refugees, Article 1F, and Rehabilitation

Article 1F of the 1951 Refugee Convention excludes individuals who have committed serious crimes from being eligible for refugee status under the Convention. It states: Article 1F of the 1951 Refugee Convention states: F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: ( a ) He…

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Ezokola and the Test For Complicity

22nd Jul 2013 Comments Off on Ezokola and the Test For Complicity

Last updated on July 3rd, 2020 In 2013, the Supreme Court of Canada in Ezokola v. Canada (Citizenship and Immigration) created a new test for determining complicity in Article 1F(a) exclusion cases. Article 1F(a) of the 1951 Refugee Convention provides that: The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons…

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Article 1E of the 1951 Refugee Convention

30th Sep 2019 Comments Off on Article 1E of the 1951 Refugee Convention

Article 1E of the 1951 Refugee Convention states: This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country. The leading case for interpreting Article 1E is Canada (Citizenship…

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Overview of PRRA Changes

18th Dec 2012 Comments Off on Overview of PRRA Changes

…of their final decision at the IRB. This change applies only to PRRAs submitted after December 15, 2012. Vacation of a Refugee Claim, Articles E and F The above 12 and 36 month PRRA bars do not apply to individuals whose refugee claim has been vacated or was rejected on the basis of section E or F of Article 1…

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Racial Profiling at Citizenship and Immigration Canada?

Racial Profiling at Citizenship and Immigration Canada?

17th Jun 2010 Comments Off on Racial Profiling at Citizenship and Immigration Canada?

Charlie Gillis has an interesting article Macleans Magazine today titled “Who Doesn’t Get Into Canada”. The article analyses a government report titled “Social and Economic Outcomes of Second Generation Youth” in the context of broader trends in Canadian immigration patterns. The government report makes many very blunt observations, including that: Chinese and South Asians are the most likely to have…

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Temporary Foreign Workers do not Deflate Average Wages (Updated)

20th Apr 2011 Comments Off on Temporary Foreign Workers do not Deflate Average Wages (Updated)

On April 20, 2011, the Vancouver Sun published an article by David Green titled “Are there too many Foreign Workers?” The article notes that from 2004 to 2008, the number of Temporary Foreign Workers admitted to Canada increased from 112,543 to 192,281. (In 2010 the number was 182,322.) I take issue with numerous aspects of the article, including: It completely…

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Residence Under the Canada-Russia Tax Treaty

27th Aug 2010 Comments Off on Residence Under the Canada-Russia Tax Treaty

…Thus, as with Canada-China Tax Treaty, an individual cannot be tax resident in both countries. Article 4 of the Canada-Russia Tax Treaty is very similar to that contained in Article 4 of the Canada-China Tax Treaty. It states: ARTICLE 4 Resident 1. For the purposes of this Agreement, the term “resident of a Contracting State” means any person who, under…

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Video Marriages

3rd Aug 2012 Comments Off on Video Marriages

Tom Godfrey of the Toronto Sun recently published an articled titled “Married by video chat? Come to Canada!” The article has generated alot of attention. However, people who are criticizing Citizenship and Immigration Canada recognizing telephone (and video) marriage are missing the crucial point that it is not how someone gets married that matters, but rather the marriage is genuine….

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Bill C-49 – An Act to Prevent Human Smugglers from Abusing Canada’s Immigration System

21st Oct 2010 Comments Off on Bill C-49 – An Act to Prevent Human Smugglers from Abusing Canada’s Immigration System

…application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24. Article 28 of the 1951 UN Refugee Convention states: Article 28. – Travel documents 1. The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of…

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