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Refugee Appeals Cases

Taho v. Canada

(Minister of Citizenship and Immigration) Federal Court, F.C.J. No. 717, 2015 FC 718

Issue: Will the Federal Court set aside a refusal if the Refugee Board’s state protection analysis is unreasonable?

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Basharat v. Canada

(Minister of Citizenship and Immigration) Federal Court, F.C.J. No. 644, 2015 FC 559

Issue: Can a refugee claim that has been declared abandoned successfully be reopened?

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Parmananthan v. Canada

(The Minister of Citizenship and Immigration) Federal Court, IMM-10127-12 May 29, 2014

Issue: Will the Court allow an appeal due to a change in a refugee’s circumstances created by government statements after his arrival in Canada?

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Panchalingam v. Canada

(The Minister of Citizenship and Immigration) Federal Court, IMM-12751-12 May 14, 2014

Issue: Will the Court allow an appeal when presented with evidence of faulty interpretation at a refugee hearing ?

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Hussain v. Canada

(The Minister of Citizenship and Immigration) Federal Court, IMM-9590-12 Sept. 27, 2013

Issue: Will the Court intervene when the tribunal misunderstands the evidence presented to it?

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Dessie v. Canada

(The Minister of Citizenship and Immigration) Federal Court, IMM-3927-11 Dec. 19, 2011

Issue: Will the Federal Court set aside a decision where the Refugee Board ignores important evidence on country conditions?

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Kaleja v. Canada

(Minister of Citizenship and Immigration) Federal Court, IMM-1306-09 March 4, 2010

Issue: Will the Federal Court set aside a Refugee Board refusal when the Board has not stated clearly why the claimant’s persecution differs from the persecution the Board acknowledges is faced by Roma in the Czech Republic?

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Javed v. Canada

(Minister of Citizenship and Immigration) Federal Court, IMM-7575-03, October 20, 2004

Issue: Can a refugee claim that was declared abandoned be reopened if the reasons provided by the Refugee Board for the abandonment are insufficient?

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Maheswaran v. Canada

(Minister of Citizenship and Immigration) Federal Court, IMM-2507-02 July 24, 2003.

Issue: If a refugee claimant fails to tell a visa office that she faces persecution in her country when she applies for a visitor visa – will it be held against her at her refugee hearing in Canada?

 

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Jeyaseelan v. Canada

(Minister of Citizenship and Immigration) Federal Court Trial Division, IMM-2510-01, March 28, 2002

Issue: What factors must the Court consider in a repeat refugee claim, and is finding a lack of credibility automatically fatal to a refugee claim?

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Kanagaratnam v. Canada

(Minister of Citizenship and Immigration) Federal Court Trial Division, IMM-3798-99, August 23, 2000

Issue: Did the Refugee Board fall into error in failing to address new evidence presented in a repeat refugee claim?

 

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Mylvaganam v. Canada

(Minister of Citizenship and Immigration) Federal Court Trial Division, IMM-3457-99, July 24, 2000

Issue: Where the Refugee Board finds a claimant’s history of persecution not credible, but accepts his identity and ethnicity, is the Court still obliged to assess objective country conditions to determine the level of risk of return?

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Ahmed v. Canada

(Minister of Citizenship and Immigration) Federal Court Trial Division, IMM-2931-99, March 29, 2000

Issue: Can the Refugee Board determine that a claimant can safely relocate to a large city in his country without specifically posing the question for the claimant to address?

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Ramanathan v. Canada

(Minister of Citizenship and Immigration) Federal Court Trial Division, IMM-5091-97, August 19, 1998

Issue: Is the Refugee Board entitled to consider humanitarian and compassionate factors in deciding whether it is reasonable for a claimant to relocate in another part of his country?

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Abdi v. Canada

(Minister of Citizenship and Immigration) Federal Court Trial Division, IMM-1195-97, January 14, 1998

Issue: If there is an area in the country where a refugee claimant can be safe, does the Refugee Board fall into error in failing to address the danger in travelling to and accessing that area from the claimant’s native village?

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Basharat v. Canada

(Minister of Citizenship and Immigration) Federal Court, F.C.J. No. 644, 2015 FC 559

Issue: Can a refugee claim that has been declared abandoned successfully be reopened?

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