Wednesday, 29 January 2014

Refugee litigation in Canada

The United Nations High Commission for Refugees recently released a report looking at trends in refugee litigation in Canada. The report examined 740 refugee and Pre-removal Risk Assessment cases litigated before the Federal Court of Canada from 2010-2012. Following are the study’s main findings: 1) in 60% of the cases, the Court upheld the lower court’s decision (whether dismissing or allowing the refugee/PRRA applications); 2) the top countries from which the applicants originated were Mexico, China and Colombia and; 3) credibility, state protection and internal flight alternative (IFA) were the top three issues analysed by the Court in those cases. 

The report also assessed the Court’s discussion on the common legal issues against international norms, and found mixed results. The paper’s quantitative analysis is quite useful for grounding the jurisprudence in refugee law, which can be often seem inconsistent  and inconclusive when read on a case-by-case basis.

Congratulations to Nadine Edirmanasinghe of Edirmana Law for completing this ambitious project. Areesha Zubair is glad to have had the opportunity to assist with the completion of this project.

Litigating Refugees: An Empirical Examination of Trends in Canadian Federal Court Jurisprudence Prior to Refugee Reform And Legal Analysis of Common Issues Against Internal Norms:

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