Borderlines Podcast #49 – The Supreme Court of Canada decision in Chieu and the Ribic Factors

Meurrens LawPodcasts

Chieu v. Canada (Minister of Citizenship and Immigration), 2002 SCC 3 was a landmark Supreme Court of Canada which affirmed the use of the Ribic factors in the H&C assessment. We discuss these factors and how they are used in immigration appeals.

1:00 – How the assessment of Humanitarian & Compassionate considerations has become somewhat nebulus.
4:00 – A case study of Chieu v. Canada
10:00 – What is an example of a negative country condition in someone’s country of citizenship?
13:00 – The decision and principles in Chieu.
15:00 – The Federal Court of Canada in Zhang v. Canada (Citizenship and Immigration), 2020 FC 927, which seems to limit Chieu.
16:00 – The Ribic factors and the types of immigration appeals. 20:00 How much weight each factor should get.
25:00 – Stories about our appeals.
32:00 – The remorse factor and flexibility.
45:00 – The counter arguments to considering country of citizenship conditions.
50:00 – Consents on appeal.