Does a risk assessment at the PRRA stage need to be a reconsideration of the Refugee Board's decision?
Canada (Federal), Canada
The following excerpt is from Davis v. Canada (Citizenship and Immigration), 2009 FC 1224 (CanLII):
The risk assessment to be carried out at the PRRA stage is not to be a reconsideration of the Boards decision, but instead, is limited to an evaluation of new evidence that either arose after the Applicants refugee hearing or was not previously reasonably available to the Applicant (Hausleitner v. Canada (Minister of Citizenship and Immigration), 2005 FC 641, 139 A.C.W.S. (3d) 115).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a refugee adjudicator revise or amend his conclusion at the second stage of a second-stage immigration inquiry? (Canada (Federal), Canada)
Is a reconsideration decision not to be reviewed during a judicial review of an initial decision? (Canada (Federal), Canada)
Is a rule of decision made by the Supreme Court that is "substantive" in determining whether a particular state rule or decision is a federal law? (MultiRegion, United States of America)
What is the test for granting a refugee refugee a fair hearing? (Canada (Federal), Canada)
What is the difference between a Federal BIA decision and an immigration judge's decision that discretionary relief is unwarranted? (MultiRegion, United States of America)
What is the standard of review for rejecting a refugee claim based on the notion of “refugee sur place”? (Canada (Federal), Canada)
Does a provincial selection board have a duty to assess merit on a critical element of the position? (Canada (Federal), Canada)
What is the impact of a refugee determination process in the context of Canada's refugee system? (Canada (Federal), Canada)
Can a refugee claimant rebutted the presumption that all the evidence submitted to it before rendering a decision? (Canada (Federal), Canada)
Does the Immigration and Refugee Board have any discretion over the analysis of the credibility of witnesses before it? (Canada (Federal), Canada)
