The Definition of a Convention Refugee

ebook Volume 1

By Lorne Waldman

cover image of The Definition of a Convention Refugee

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The "Go-To" Guide for the Ever-Changing World of Immigration and Refugee Law Practice

It is definitely not an understatement that immigration and refugee law changes have continued to take the centre stage of legislative activities in Canada. Immigration and refugee law practitioners and consultants must be aware of all these recent changes and their implications on their practice.

Canadian Immigration & Refugee Law Practice, 2019 Edition provides you with an overview of the new legislative framework of Canadian immigration and refugee law along with guiding principles for the exercise of discretion by the Immigration and Refugee Board. The book captures the latest legislative updates and case law, with extensive commentary on the implications of both the recent and pending changes.

This invaluable reference for immigration law practitioners and consultants also provides close to 2000 thematically organized case digests from the IRPA and the Citizenship Act, and key sections of the regulations, rules, and related legislation. Plus, the book also includes an unannotated version of the Act in double-column English and French, making it easy to locate a section of legislation when representing a case.

Features

  • An overview of the legislative framework and general guiding principles of administrative law in the practice of immigration and refugee law
  • In-depth analysis of each Division and Part of the Immigration and Refugee Protection Act
  • Thematically organized case summaries
  • Full text of the Immigration and Refugee Protection Act, Citizenship Act, regulations and rules, related legislation and international trade agreements
  • Unannotated English-French version of the Act

    Highlights of This New Edition

  • Recent amendments to the Immigration and Refugee Protection Act from 2017, c. 21, s. 18 and 2018 c. 15
  • Summary of Principles of Excessive Demand under s. 38 of the IRPA
  • Summary of Principles of Determination of Equivalency of Offences
  • Discussion of issue of inadmissibility for Conviction or Commission of Offences Punishable by Ten or More Years (IRPA Section 36)(1) (a) (b) or (c) or persons sentenced in Canada to terms of imprisonment of six months or more
  • Extensive discussion of War Crimes and Crimes Against Humanity
  • Extensive discussion of Refugee Protection Division's discretion to determine grounds for applying the cessation clauses
  • Discussion of recent key cases such as:
  • Delta Airlines v Lukacs, 2018 SCC 2 (review of decisions)
  • Bousaleh v MCI, 2018 FC 143 (sponsorship under s. 117(1)(h) of the Immigration Regulations)
  • Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50 (conditional sentence not a "term of imprisonment" under s. 36(1)(a) of IRPA)
  • Digests of over 100 new cases
  • The Definition of a Convention Refugee