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News & Articles

March 12, 2012

Jason Thomas of Levine Associates comments on Refugee claims show inconsistent approval rates

Analysis of data for 2011 shows that the chance of success of a refugee’s plea to stay in Canada can depend on who hears the case at the Immigration and Refugee Board (IRB).

Read more at the CBC News

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March 12, 2012

Canadian refugee decisions hinge on presiding judge, says report

Ottawa should rethink its plan to ban certain refugees from appeals in light of a new report that suggests asylum outcomes very much depend on which refugee judge presides on the case, says the study’s author. York University law professor Sean Rehaag examined all 34,204 decisions made in 2011 by the 148 refugee judges appointed […]

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February 16, 2012

Tories say new refugee bill will make it easier to deal with bogus claims

OTTAWA—The federal government is overhauling Canada’s overloaded and “broken” refugee system to put questionable refugee claimants on a fast-track back to their homelands. Read full article in the Toronto Star

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February 15, 2012

Refugee reforms include fingerprints, no appeals for some

New, tougher reforms to refugee legislation that hasn’t yet come into force are already drawing fire from critics who say they give Canada’s immigration minister too much power and risk the lives of claimants.

Bill C-31, introduced Thursday by Immigration Minister Jason Kenney, toughens the measures taken in the Balanced Refugee Reform Act, a compromise bill passed under a Conservative minority government. That earlier bill has yet to be implemented. It was due to be up and running by June 29.

 

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January 6, 2012

Shelley Levine quoted in regard to IRB adjudicator rebuked by court for refusing man who failed Catholic ‘trivia’

The task of separating the devout from the fraudsters among those claiming refugee status in Canada for religious persecution cannot be divined by peppering someone with “trivia” questions, the Federal Court has ruled.

The judicial chastising of the way an Immigration and Refugee Board adjudicator tried to ferret out bogus refugees stems from the case of a man who fled China saying he fears persecution for being a Roman Catholic. He was refused because of his answers to questions about Catholic tradition.”

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December 29, 2011

What is the success rate for refugees at the Immigration and Refugee Board?

Success at the IRB depends on many factors. For example, different countries have radically different success rates. Claimants coming from “refugee producing countries” such as a Afghanistan or Somalia would naturally have much higher rates of success than claimants from countries such as the U.S. or Europeon countries which typically have human rights records similar […]

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December 29, 2011

If I am determined to be a Convention Refugee does that make me a Canadian citizen?

Upon receiving a positive determination at the Refugee Board, you are generally, with certain limited exceptions, entitled to apply for Permanent Residence. Such applications must be made within 180 days of being notified of your positive decision. Once you obtain your status as a Permanent Resident you must maintain your residence in Canada for 3 of the prior 4 years in order to be eligible to apply for Canadian Citizenship.

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December 29, 2011

Do I have to make a refugee claim at the border or can I claim within Canada?

Claims may be made either at a POE (point of entry) upon arrival in Canada or inland at a designated CIC office. Board Members may draw negative inference where there has been significant delay from the time of the claimant’s arrival in Canada to the time of an inland claim is made.

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December 29, 2011

Can I make a refugee claim in Canada if I have previously claimed in Canada?

No. The Immigration and Refugee Protection Act prohibits refugee claims where a claim has been made previously.

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December 29, 2011

Can I make a refugee claim if I have made a claim in the United States?

There are presently no bars against making refugee claims in Canada if you have previously claimed refugee status in the U.S.  However, if you claimed in the U.S. and you were sucessful resulting in U.S. status, such status would exclude you from the provisions of the Immigration and Refugee Protection Act.

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