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Courts should give a measure of deference to administrative tribunal decisions. Statutorily defined grounds of review are not necessarily the same as the standard of review. "Reasonableness" is the standard of review to be applied to reviewing decisions of the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Court ...
For individuals residing outside of Canada, Immigration, Refugees and Citizenship Canada (IRCC) makes the decision. The Refugee Appeals Division (RAD) hears appeals of refugee matters, in accordance to the conventions of the United Nations that Canada is a signatory of: Convention Relating to the Status of Refugees (1951)
The Immigration Appeal Division Rules (SOR/2002-230), sets out the rules for appealing immigration- related decisions (such as removal orders, inadmissibility, etc.) to IRB's Immigration Appeal Division. [25] Likewise, the Refugee Appeal Division Rules (SOR/2012-257) sets out the rules for appealing refugee-related decisions to the Refugee ...
The decision in Canada (AG) v Ward explicitly named women, children, and sexual minorities as groups protected under the “particular social group” clause of the 1951 Refugee Convention. [2] The rationale for naming these particular groups was that gender, age, and sexual orientation are “immutable characteristics.”
Suresh v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada in the areas of constitutional law and administrative law.The Court held that, under the Canadian Charter of Rights and Freedoms, in most circumstances the government cannot deport someone to a country where they risk being tortured, but refugee claimants can be deported to their ...
On appeal, the Supreme Court of Canada reversed this decision. It held that procedural fairness required the decision-maker to consider the human rights of Baker's children. Children's human rights are outlined in the international Convention on the Rights of the Child. The Supreme Court said that decision-makers must be "reasonable".
The sets of provisions in accordance to the Financial Administration Act and IRPA to govern all aspects of immigration and refugee procedures. [38] Immigration Appeal Division Rules Respected when appeals are made during stages of immigration application where the application is refused or denied, hence, the appeal to be reconsidered. [39]
The Singh decision resulted in amnesty being granted to tens of thousands of refugee claimants and sweeping reforms which gave Canada one of the most liberal and most expensive refugee systems in the world. The anniversary of the ruling, 4 April, has been observed in Canada as Refugee Rights Day.