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: http://www.unhcr.ca/resources/
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