The Definition of Convention Refugee, 2nd Edition
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In this softcover, easy-to-use manual, Lorne Waldman, Canada’s leading immigration and refugee law practitioner clearly explains each element in the criteria for refugees under the Immigration and Refugee Protection Act and analyzes the jurisprudence as it has developed in Canada with references to other sources of international law..
The book serves as an authority on current Canadian refugee law, which is based on the definition of refugee status contained in the United Nations’ 1951 Refugee Convention and the United Nations Convention Against Torture. With thousands of applicable cases synthesized, this publication is an indispensable manual for immigration lawyers and consultants, as well as paralegals and government policy advisors.
- Extensively researched, with thousands of applicable cases synthesized
- Covers almost every single point of law and all case law needed for a good grasp of this area of practice
- Examines in depth key recent issues decided by the Supreme Court of Canada and appellate courts such as:
- The interpretation of the exclusion clauses in Ezokola and Febles and Mugesera
- The clarification of Article 1 E , state protection, the internal flight alternative and nexus to the definition of Convention Refugee.
- The incorporation into Canadian Immigration Law of the protections of the Convention Against Torture through the introduction of section 97 of the Immigration and Refugee Protection Act
- Discusses issues such as the application of the concept of generalized risk and its application when a person seeks recognition as a person is in need of protection; the meaning of cruel unusual treatment or punishment.
- Full text of Part 2 of the Immigration and Refugee Protection Act (ss. 95-116)
- Detailed index
Who Needs This Book
- Immigration lawyers – To advise potential refugee clients of the law and act for them
- Immigration consultants – Written in plain language that enables non-lawyers to benefit from the guidance contained in the book
- Paralegals – To advise potential refugee clients of the law and act for them
- Government Policy Advisors / Legal Counsel – To advise on government policies regarding refugees
- Legal Clinics and Refugee Law Advocacy Organizations – To advise potential refugee clients of the law and to advocate refugees’ rights
- Law Libraries – Serves as a general reference on refugee law
Table of contents
2. Historical Background
3. Well-Founded Fear
5. The Reason for the Persecution: The Question of Nexus
6. Outside the Country of Nationality
7. Inability or Unwillingness to Seek the Protection of the Country of Nationality.
8. Cessation and Exclusion