![]() However, there are reports that tension and “recriminations” continue to exist between both sides in the war. This attack was officially said to have ended the 25-year civil war in Sri Lanka, by crushing the last Tamil Tiger-controlled area. Indeed, in 2009, Tamil Canadians living in Toronto brought the situation to the attention of many by blocking the Gardiner Expressway-a major highway that goes through downtown Toronto-in protest of a deadly attack on the minority Tamils in Sri Lanka by the Sinhalese majority. The persecution faced by Tamils in Sri Lanka has been widely recognized. The provisions further specify that a person is in need of protection if-by removal to their country of nationality-their life would be at risk or be subject to cruel and unusual treatment or punishment. ![]() The provisions of the Act note that a Convention refugee is a person who, by fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside of their country of nationality and is unable to return to that country. Kanthasamy, a Tamil from Sri Lanka, arrived in Canada as a refugee under sections 96 and 97 of the Act. ![]() ![]() Writing for the Court, Stratas JA dismissed Kanthasamy’s appeal, finding that the Federal Court did not err in choice of standard of review, and that the standard of review was substantially correct.Īt the age of 17, Mr. At issue in both cases was the interpretation of subsection 25(1) of the Act given the recent amendment created by the Balanced Refugee Reform Act, SC 2010, c 8, s 4. The Federal Court of Appeal heard the Kanthasamy appeal together with Lemus et al v Canada (Minister of Citizenship and Immigration), 2014 FCA 114. Kanthasamy had appealed the Federal Court’s dismissal of his application for judicial review on the Minister’s denial of his application for humanitarian and compassionate relief as provided for under subsection 25(1) of the Immigration and Refugee Protection Act, SC 2001, c 27. ![]() The Supreme Court has recently given leave to appeal the decision in Kanthasamy v the Minister of Citizenship and Immigration, 2014 FCA 113. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |