LATEST ISSUES
I.CITIZENSHIP ISSUES
1.CBSA should have waited until a determination of citizenship had been made before finding him to be inadmissible
II.IMMIGRATION ISSUES
1.Section 44 Report-not possible for the Court to ascertain whether a section 44 report exists-Officer refused on basis of s. 44 Report
2.Applied for a study permit to Canada on six different occasions-single people without children and with low-paying jobs
3.Canvassed several options to remain in Canada after the CPC-Vegreville Refusal-“real intent”
4.Skilled Worker-a simple explanation by Officer could have prevented “a significant waste of time and resources on both sides”
5.Skilled worker-Never worked at the Hotel Vishnu Palace and had no explanation for that contradiction-misrepresentation
6.Misrepresentation-“Applicant is the author of his own problems”-sponsor may be genuinely committed but the Applicant is not
7.117(9)(d)-sparse evidence-emotional and physical abuse suffered in her first marriage
8.117(9)(d)-IAD’s reasoning was dominated by a consideration of the “integrity of the Canadian immigration system”
9.ID-Applicant was attempting to indirectly attack the validity of the section 44 report
10.IAD-15 convictions-anger management-supported by several of his five sisters
11.IAD-sold his Record of Landing-sporadic/ineffective efforts to return not sufficient evidence of intent to remain/acquire residency
12.H&C-degree of integration warranted treatment in reasons-Failure to duly consider this aspect of establishment amounts to error
13.H&C-best interests of children-sons financially dependent on father-mother abandoned family in 1995 & rejected sons in 1999
14.H&C-no way to be aware outdated publication to play integral role in assessing fears-Failure to disclose outdated archived article
15.PRRA-identity-new evidence-overlooked/completely misinterpreted Nepalese Embassy letter-RPD had rejected for identity reasons
16.Story was considered by the IRB to be a “complete fabrication”-at no greater risk than any other Bangladeshi
17.Danger opinion-statistical chance of re-offending-Minister places the chance that he will sexually re-offend at “likely”
18.Special counsel requested-overseas permanent residence application-specific information withheld by CIC
19.Stay-effect of removal on 11-month old child who suffers from significant developmental (physical and mental) impairment
20.Stay-married the Applicant knowing the details of his illegal status, his criminal convictions and his fraudulent conduct.
III.REFUGEE ISSUES
1.The practice of Court to publish reasons on its web site-a citizen of Iran who rejects Islam is put at risk if required to return to Iran
2.China-Forced use of an IUD
3.Various identity documents issued in different names-negative credibility findings based on inability to provide key documents
4.Refugee-Afghanistan-Applicants submitted no documentation with their application
5.“they told me that they were aware of my previous detention” and police would be watching him in the future
6.Amends PIF after detention-Board member discounted medical and physiological reports submitted in support of credibility
7.IFA-Mexico-chosen to isolate herself-made no real effort to contact the police or avail herself of other supportive organizations
8.IFA-Mexico-factor of good job and earning above-average wages
9.IFA-Nigeria
10.Tapes missing-IFA
11.Mexico-important contradictory evidence women are not protected in Mexico or Mexico City by police and criminal justice system
12.Conviction not disclosed in PIF-effect of Jayasekara-Member insisted that new counsel would be required to proceed on that day
13.Same Board Member from 2004 sits on spouse’s case in 2008-Neither spouse testified at the other’s hearing
LATEST ISSUES IN CANADA
