Mootness

Meurrens LawJudicial Reviews

The doctrine of mootness is an aspect of a general policy that a court may decline to decide a case which raises merely a hypothetical or abstract question. It applies when the decision of a court will not have the effect of resolving a live controversy which affects or may affect the rights of the parties.

Ezokola and the Test For Complicity

Meurrens LawInadmissibility, Refugees

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 for considering that: … Read More

Designated Countries of Origin

Meurrens LawRefugees

From 2011 – 2019 Canada’s refugee system contained a list of Designated Countries of Origin (“DCO“). History Bill C-11, the Balanced Refugee Reform Act, received Royal Assent on June 29, 2010.  It introduced sweeping changes to Canadian refugee law, including establishing the DCO regime.  The government estimated that approximately 10% of all asylum claimants in … Read More

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

Meurrens LawRefugees

Article 1F(b) of the Convention Relating to the Status of Refugees, Can. T.S. 1969 No. 6 (the “1951 Refugee Convention“) states that the provisions of this 1951 Refugee Convention shall not apply to any person with respect to whom there are serious reasons for considering that they have committed a serious non-political crime outside the … Read More

Examinations

Meurrens LawImmigration Trends

Anyone who presents themselves at a Canadian port of entry is making an application to enter Canada.  As such, that person is subject to an examination by an officer.  The purpose of such an examination is to determine whether or not the person can enter Canada as a visitor, student or foreign worker, and also to … Read More

“Country of Origin” in the Refugee Context

Meurrens LawImmigration Trends

Section 96 of the Immigration and Refugee Protection Act (“IRPA“) provides that: Convention refugee 96. A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, (a) is outside each of their countries of nationality and is unable … Read More

Refugee Claimants and Fake Documents

Meurrens LawImmigration Trends

A challenge that arises in many refugee claims where a claimant has used fraudulent documents to travel to Canada is the balancing of the need to determine a claimant’s identity with jurisprudence that cautions against drawing negative credibility findings from the use of false documents where refugee claimants have little choice but to to use … Read More

Introducing a Residency Requirement for Social Transfers

Meurrens LawJudicial Reviews

The Federal-Provincial Fiscal Arrangements Act (the “FPFAA“) establishes the Canada Social Transfer, a federal block transfer to provinces and territories to support post-secondary education, social assistance, social services, early childhood development, and early learning.   In 2014-15 the total Canada Social Transfer transferred to all provinces and territories will be almost $12.6 billion. The FPFAA stipulates that … Read More

Refugees, Article 1F, and Rehabilitation

Meurrens LawRefugees

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: … Read More

Regulatory Changes to Private Sponsorship of Refugees

Meurrens LawRefugees

On June 9, 2012, the Government of Canada published regulatory changes in the Gazette regarding the Private Sponsorship of Refugees Program (“PRSP“). Under the PRSP, there are three types of sponsors.  The first are Sponsorship Agreement Holders (“SAHs“).  SAHs are local, regional, and national incorporated organizations that have signed multi-year agreements with Citizenship and Immigration … Read More