Canada Immigration, Case Law Lai v Canada (May 19 2015 Cecily Y. Strickland Federal Court)

Benit Varghese Caselaws 0 Comments

Here is a case, Lai v. Canada. This is an Immigration case, Selection and admission — Humanitarian and compassionate grounds

Case law is not meant for people interested to apply for immigration to Canada, but may be used by those who feel the system is not fair, to gain an understanding of the recourse available in Canada. Content for this video is sourced from information distributed by Thomson Reuters. Judgement for this case is attached in my blog reportersreport.com as a pdf document

Refugee claimant was citizen of China who came to Canada with husband and daughter in February 2009 and in November 2009 made refugee claim based on her fear of arrest in China because of her Christian activities there — Claimant and her husband separated in November 2009 and later divorced — Refugee Protection Division denied refugee claim on ground claimant’s assertion that she was being persecuted as member of underground church lacked credibility — Claimant made H&C application and pre-removal risk assessment (PRRA) application, alleging new risk, i.e. that she feared harm from her ex-husband should she return to China — Claimant sought stay of removal order which was denied and claimant and daughter were removed December 9, 2013 — PRRA application was dismissed as moot — In support of her PRRA application claimant filed April 30, 2013 report of social worker with expertise in area of domestic abuse (Expert Report) — Officer made no mention of the Expert Report in the PRRA or H&C decision — Officer also failed to address evidence in record indicating that domestic violence was significant problem in China and one that public security forces often ignored — H&C application granted — Officer simply did not engage with content of the Expert Report or question of the availability of state protection in context of domestic violence in China — Nor did officer address letter of claimant’s sister, either in PRRA decision or H&C decision, in which sister stated that claimant’s husband said that he would go back to China to kill claimant and then would kill himself — Accordingly, officer’s decision was unreasonable

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