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The Handbook on Procedures and Criteria for Determining Refugee Status (the Handbook) of the Office of the United Nations High Commissioner for Refugees (UNHCR) states: 171. Not every conviction, genuine though it may be, will constitute a sufficient reason for claiming refugee status after desertion or draft-evasion. It is not enough for a ...
The Immigration Act, 1976, insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.
The Immigration and Refugee Board of Canada is responsible for guidelines related to determining refugee status, including criteria for membership in a particular social group. [5] The IRB and various scholars of Canadian refugee law have identified two key Supreme Court of Canada decisions that have helped delineate the definition of PSG ...
Safe third country agreements are not explicitly mentioned in the 1951 Convention Relating to the Status of Refugees or the 1967 Protocol Relating to the Status of Refugees. Instead, their legality is derived from Article 31 of the 1951 convention, which states that a refugee should not be punished for illegally entering a country if they are ...
The Immigration and Refugee Protection Act (IRPA) (French: Loi sur l’immigration et la protection des réfugiés, LIPR) [2] is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), that replaced the Immigration Act, 1976 in 2002 as the primary federal legislation regulating immigration to Canada. [3]
Under Canadian law, status can be legalized by pursuing a refugee claim, which the Immigration and Refugee Board of Canada (IRB) will consider. If the claim is refused, the claimant can appeal the decision in the Federal Court , the Federal Court of Appeal , and finally, the Supreme Court of Canada, if leave is granted.
IMMIGRATION AND REFUGEE BOARD OF CANADA (Refugee Protection Division). March 16, 2005. Archived from the original on July 28, 2012; Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (See Paragraph 171)
Canada took a strict view on immigration in the early 1970s. At this time the only way for a foreigner already inside Canada to become a permanent resident was through a claim to convention refugee status, and high numbers of claims led the Department of Employment and Immigration to believe that most were taking advantage of the system to stay and work in Canada.