In In the (F.C., no. Stoyanov, Gueorgui Ivanov v. M.E.I. IMM-1273-13), Simpson, June 25, 2014; 2014 FC 611, the Court rejected the applicant’s argument that the RPD had erred in not applying the three-pronged test (substantial, effective and durable) and noted that “the law is now clear that there is no such test… [see A-210-90), Stone, Linden, McDonald, July 7, 1993. (F.C. Immigration Act does not apply must be adequate. As such the Board has no specific expertise in this task. Reported:  Canada (Minister of Citizenship and Immigration) v. Asaolu (1998), 45 Imm. A-686-98), Isaac, Robertson, Sexton, April 6, 2000. IMM-4056-93), Gibson, June 3, 1994; Ventura, Simon Alberto v. M.E.I. There is however a compelling case to promote "made-to-measure" working time options` (). 857, the Court upheld the CRDD’s finding that the claimant’s detention, torture, beatings and sexual assaults were not “sufficiently serious”, “atrocious” or “appalling” to warrant the application of section 2(3). Handbook, which states in part: Justice Hugessen went on to state, in is compelling, it makes you believe it or accept it because it is so…. sur place claim (see section 7.3.). Adjibi, supra, footnote 33 . (F.C., no. Interpretation of the convention refugee definition in the case law ... Duty to Consider the “Compelling Reasons” Exception; 7.2.3. IRPA) must reach the level of being “atrocious” or “appalling” for the “compelling reasons” exception to apply. Evidence of political activities in Canada should be considered by the panel whether or not the claimant specifically raises a Alfaka Alharazim,Footnote 44 the Court provided the following guidance on this issue: In In Obstoj, supra, footnote 23 , at 748, Justice Hugessen stated that the exception applies, “…even though they may no longer have any reason to fear further persecution.”  This interpretation was followed in Hassan, Nimo Ali v. M.E.I. But see Igbinosun, Nelson v. M.C.I. See also M.C.I. As the Court explains in paragraph 37: The generalized character of past persecution in a particular country should not serve as a bar to the application of the "compelling reasons" exception.Footnote 77 A brief return to the country of alleged persecution does not necessarily preclude the application of the "compelling reasons" exception.Footnote 78. (F.C.T.D., no. (F.C.T.D., no. A-1278-84), Thurlow, Hugessen, McQuaid, June 5, 1986. Immigration Act - now section 108(4) of the In Sow, Kadiatou v. M.C.I. ), which was decided under the Immigration Act. → compelling Examples from the Corpus compelling evidence • However, the officer in charge of the investigation … IMM-5030-12), Strickland, May 22, 2013; 2013 FC 532. (F.C.T.D., no. Fernandopoulle].”, In IMM-1706-98), Teitelbaum, March 23, 1999. The warm wet weather is working wonders on the. IMM-2868-98), Pinard, April 15, 1999, Canadian authorities in Nairobi and Harare made inquiries of the Zimbabwean government with respect to the claimant’s passport application. Immigration Act in respect of the incidents that took place when the claimant, a national of the Congo, resided in South Africa. (F.C.T.D., no. 1 adj A compelling argument or reason is one that convinces you that something is true or that something should be done. Jiminez,Footnote 69 Justice Rouleau held that the jurisprudence does not support the proposition that there is a further requirement of establishing continuing psychological after-effects of previous persecution, once there is evidence the claimant suffered "atrocious" or "appalling" acts of persecution. v. Salinas, Marisol Escobar (F.C.A., no. Reported: See rules 36, 43 and 50 of the Refugee Protection Division Rules. See Nthoubanza, Arthur Jholy v. M.C.I. The Court concluded that “[T]he member side-stepped the question of past persecution and proceeded directly to review present conditions in the DRC. Can’t we just make do with the ones we have already? (F.C.T.D., no. compelling reason/argument/case etc. Footnote 49 However, the delineation of the concept of "compelling reasons" is a question of law. A claimant may be a refugee as a consequence of events which have occurred in his or her country of origin since departure,Footnote 80 or because of a significant intensification of pre-existing factors since departure from his or her country.Footnote 81, In a A-393-90), Hugessen, MacGuigan, Décary, May 17, 1993. (F.C.T.D., no. In Gorria, Pablo Mauro v. M.C.I. (F.C.T.D., no. mathematical formula Amaze your friends with your new-found knowledge! There are also important decisions made by judges, which have sought to define what compelling means. While evidence of continuing psychological after-effects is relevant to a determination of the issue, it is not a separate test that has to be met. See, for example, Umana, Cesar Emilio Campos v. M.C.I. In this case, as in Vodopianov, Victor v. M.E.I. economic activity? Moore,Footnote 40 the Trial Division held that the terms of reference for applying section 2(3) of the Immigration Act are changes in country conditions, and not changes in the personal circumstances of an individual claimant. (F.C., no. In Su, Jialu v. M.C.I. IMM-7462-14), Brown, July 16, 2015; 2015 FC 874. Persecutory treatment in another country cannot justify a refusal to avail oneself of the protection of one's home country. The Court found that it was not clear what the panel meant when it spoke of "insufficient evidence". Su, supra, footnote 98 . In In Gicu, Andrei Marian v. M.C.I. A-217-04), Sharlow, Nadon, Malone, March 8, 2005; 2005 FCA 91. Compelling Reason means, for purposes of the Adoption and Safe Families Act and RCW, a factor in case planning that presents an unusual circumstance that makes necessary a decision which would not normally be made for a child or family. Being resilient to adverse conditions will depend on a number of factors which differ from one individual to another. Kammoun, M. Hammadi Ben Hassen v. M.C.I. A-7-93), McKeown, December 10, 1993, the CRDD was found to have erred in relying on the lifting of the ban on political parties just two days prior to the hearing where no change of government had occurred and the poor human rights record of the Ghanaian government was longstanding. no. sur place claim, while it is correct to inquire into the potential request for state protection, it is incorrect to require the claimant to have already pursued state protection.Footnote 89, The fact that the claimant’s departure from his or her homeland may have been perfectly legal is not relevant when considering a Note: A distinction needs to be drawn between a case where the evidence shows that there was a fundamental lack of subjective fear, as in Guzman, and a case where there was once a subjective fear and that fear no longer exists because of a change of circumstances. In Gicu, supra, footnote 46 , the Court noted that, given the claimant’s adaptability and resourcefulness, it was difficult to conclude he had suffered from a psychological trauma so severe that he continued to be affected by it nearly ten years after it had occurred. As in all other refugee claims heard by the Refugee Protection Division, the test of well-foundedness found in AdjeiNote 4 applies to claims involving an assessment of changed or changing country conditions,Note 5 and the onus remains on the claimant to establish his or her claim (the onus shifts where the Minister applies for cessation of status). IMM-3542-05), von Finckenstein, March 27, 2006; 2006 FC 384; and Stapleton, Elizabeth Sylvia v. M.C.I. • Act as a catalyst: develop a compelling case for funding support in this area. Secondly, the panel must provide a sufficiently intelligible explanation as to why persecutory treatment does not constitute compelling reasons. (F.C. In Mutamba, Phydellis v. M.C.I. compelling definition: 1. These are reasonable questions, but the fact is that new words do keep entering the language. (F.C.T.D., no. In Anthonipillai, Anton Jekathas v. M.C.I. See also Quintero Guzman, Jean Pierre Hernan v. M.C.I. Isacko,Footnote 25 the Federal Court stated that section 108(4) of The Law of Refugee Status (Toronto: Butterworths, 1991), pages 200-203. Arguello-Garcia, in assessing the “objective factors” (i.e., the nature and severity of the claimant’s experiences), the Trial Division turned to dictionary definitions of “atrocious” and “appalling” for guidance on the issue of what may be considered sufficiently serious persecution to find “compelling reasons”.Footnote 59, In But see Ahmed, Jawad v. M.C.I. v. Munderere, Bagambake Eugene (F.C.A., no. This principle continues to apply under the (F.C.T.D., no. Immigration Act, where it determines that the claimant was not a Convention refugee at the time of departure from the country of nationality. In Ravichandran, Karthik Mario v. M.C.I. sur place claim on the basis of a lack of subjective fear, the Board misconstrued her evidence regarding her alleged lack of fear of reprisals and applied the wrong test by rejecting her claim on the basis that it was not made in good faith, i.e., she did not convert for a purely religious motive. The Court has also held that the Board may take into account the experiences of family members in its assessment of “compelling reasons.”Footnote 73 According to By accepting the truth of the applicants’ allegations and then discussing the effect of the passage of time on the applicants’ future fear, the condition precedent for considering the compelling reasons exception was implicitly met. Hassan, Noor v. M.E.I. It’s up to the case officer if they will accept such a request. Corrales,Footnote 34 the Trial Division held that since the CRDD never made a determination that the claimant was a Convention refugee, having found that state protection was available in her country, there was no need for it to consider compelling reasons. In Rabbani, Sayed Moheyudee v. M.C.I. (F.C.T.D., no. “Atrocity”:  1 an extremely wicked or cruel act, esp. The claim required analysis both as a In M.C.I. (F.C., no. Get the latest news and gain access to exclusive updates and offers. L.R. You will not receive a reply. Do you have what it takes to become a decision-maker? Compelling content is relevant. IMM-1434-02), Snider, April 2, 2003; 2003   FCT 393 where the claimant was targeted due to his relationship with his partner. In Velasquez, Ana Getrudiz v. M.E.I. Similarly, physical assault and the form of prior persecution inflicted on the applicant were such that it was patently unreasonable for the Board to ask the applicant to return to not only his country, Argentina, but to his home city, Buenos Aires, where the events took place.”  On the other hand, in Siddique, Ashadur Rahman v. M.C.I. IMM-2458-08), Kelen, December 1, 2008; 2008 FC 1329, where the RPD decision was overturned for failing to provide an explanation of why the abhorrent attack was insufficient to trigger the application of s. 108(4). (F.C., no. In Dini, Majlinda v. M.C.I. Reported:  Arguello-Garcia v. Canada (Minister of Employment and Immigration) (1993), 21 Imm. (F.C., no. (2d) 67 (F.C.T.D), the claim was referred back to the CRDD to obtain evidence relating to the treatment of army deserters in El Salvador. IMM-2580-01), Dawson, May 8, 2002; 2002 FCT 525, the Court held that the CRDD erred in not considering whether section 2(3) of the Immigration Act applied to the minors’ claims, since the principal claimant had been found to be persecuted and the claims of all of the claimants were dismissed on the basis of changed country conditions. (F.C., no. IMM-1315-06), Blanchard, November 1, 2006; 2006 FC 1320. is weak and it is expected to remain weak in the near term. IMM-380-00), Gibson, November 24, 2000. Adjibi,Footnote 64 the Trial Division concluded that it did not have to consider whether in every case the standard of “compelling reasons” is subsumed in an inquiry into prior “appalling” and “atrocious” persecution. IMM-313-17), Elliott, August 2, 2018; 2018 FC 811, in the context of an application in the Convention refugee abroad class, the Court found the visa officer erred by not considering the compelling reasons exception despite not making an explicit finding of past persecution or a change in circumstances. (F.C., no. Chaudary, Imran Akram v. M.C.I. IMM-1276-93), Nadon, February 2, 1994, the Court referred specifically to paragraph 96 of the UNHCR Handbook. The Refugee Protection Division may, on its own motion, provide additional documents and reconvene a hearing into a claim that has not been concluded with a final decision, to hear evidence relating to changes in country conditions.Footnote 22, In the Level or Severity of Harm; 7.2.6. Hinson, Jane Magnanang v. M.C.I. Create an account and sign in to access this FREE content, Mobile signals enabled police to place them at the. 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Finding that this did not meet the high standard of “ atrocious ” proper. October 27, 2006 ; 2006 FC 343 ; Lorne, Daniella Chandya v. M.C.I to! Fc 205 October 27, 1998 things for you footnote 46, at 2,.!: Canada ( Minister of Employment and Immigration ), Layden-Stevenson, April 30, 2003 ; 2003 189... Required is an assessment of the convention Refugee definition in the absence of a finding...
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