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Case Law

April 19, 2017

The Trumpist Contagion

The Trumpist Contagion?   The sequence of facts I am about to reveal sounds so far fetched, so Orwellian in its bureaucratic absurdity that one would assume I am either writing a piece of fiction or describing a sequence of events in some far off dysfunctional country in Africa or the Middle East.  Sadly, this […]

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Toronto Immigration Lawyer
July 3, 2016

Understanding the “First Safe Country” Concept and Why it’s Obsolete

  Understanding the “First Safe Country” Concept and Why it’s Obsolete Until the Syrian refugee crisis, it was accepted by those who practice refugee law that a claimant’s failure to make a claim in the First Safe Country—also known as Forum Shopping—could be interpreted by decision makers as evidence that a claimant lacked a subjective […]

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Toronto Immigration Lawyer
April 28, 2013

Board Abolishes Screening Forms

In the recent case of Zhen Xiang, 2013, FC 256, lawyers from Levine Associates argued that the Board member had erred by failing to put the claimant on notice, prior to the hearing, that it had concerns about the accuracy of the photograph in the claimant’s Resident Identity Card. The Court noted that the Screening […]

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October 31, 2012

Success at the Federal Court – Ye, Cungui v. M.C.I. – IMM-9703-11

Mr. Justice Zinn has handed down a very clear decision accepting the claimant’s application for Judicial Review.   The Court concluded that the Board’s decision was wholly based on a misinterpretation of the CHN42444.  Mr. Justice Zinn noted that unlike some of the other cases dealing with the issue of summonses, in the present case […]

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July 13, 2012

Jie Ming Ma V. M.C.I., Imm-5821-11

Facts:  Claimant is a Christian and sought protection because of religious persecution in China.  The panel accepted the claimant was a genuine Christian but did not accept that he was being sought by the police in China.  The panel’s finding in this regard was based upon its finding that the summons tendered by the claimant […]

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May 15, 2012

Li Hua Su v. M.C.I., 2012 FC 586

Facts: The applicant is a Christian from Guangdong province and fears returning to China for reasons of religious persecution.  The panel accepted the applicant was a genuine Christian.  The only issue was whether she would face persecution upon return to China.  The RPD determined that if the applicant was to return to her home province […]

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May 2, 2012

Yu Chen v. M.C.I., 2012 FC 510

Yu Chen v. M.C.I., 2012 FC 510 Facts: The applicant is a 22 year old Christian from Liaoning Province in the PRC and seeks refugee protection.  The applicant’s house church was raided.  The applicant was given notice of the raid and escaped.  After going into hiding the applicant learned that the PSB were looking for […]

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December 29, 2011

Jiu Xin Wang v. M.C.I. [2011] F.C.J. no. 1191

Application by Wang for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board refusing his application for refugee or protection status. The applicant was a recent convert to Christianity. He attended an underground church that was raided by the P.S.B. The applicant went into hiding during which time the PSB visited his home and left a summons with his wife. The applicant fled to Canada using a fraudulent passport and claimed refugee protection.

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September 2, 2011

Mao Qin Wang v. Canada

Application for judicial review.

Wang feared that if returned he would be unable to practice his Roman Catholic religion freely. The panel found Wang was never a genuine practicing Roman Catholic, and his level of religious knowledge was below what would be expected for three years of practice.

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January 29, 2010

Xiao Hong Liu v. M.C.I.,[2010] F.C.J. No. 162

Application allowed. The Board’s finding that the claimant’s story was “too fortuitous to be true” was not reasonable The fact that a summons was not left for the claimant was corroborated by the documentation which indicates that the practice of issuing summons is inconsistent. The Board’s finding that the claimant could practise at a state sanctioned […]

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