International Law

By immlawyer

I just returned from Montreal after attending for a hearing - an Application to Vacate Refugee status.  

For a change, I thought I would include some pictures in the blog.

Here's a picture of the IRB office entrance - at the Guy-Favreau Complex. Undoubtedly, the very sight has probably caused great anxiety for most if not all prospective refugee claimants with claims pending before the Board.

In this case, the Minister makes application pursuant to s.109 of the Act. The Minister bears the onus and the standard of proof is that of balance of probabilities.

What I found especially disconcerting - even after a heads up to expect this from Lorne Waldman - was the utter inadequacy and unreliability of the Minister's evidence. It seems that where, as in this case, CIC goes to 'investigate' or verify a refugee claimants' documents, there is little safeguard and even less methodology in their approach. A refugee claimant, having been found to merit protection, is thus at risk of losing that protection on hearsay (and worse) 'evidence'.

 My hotel was close to Rene Levesque Blvd - and I found this monument particularly relevant - "Charite". Hopefully the Board will demonstrate the same and reject the application by the Minister given the obvious shortcomings of the evidence.

In any event, the trip to Montreal was a great experience, not least because it afforded an opportunity to see how Board policy and procedure varied across Canada.

Full post as published by Canadian Immigration Blawg on August 27, 2008 (boomark / email).