Is a person not a refugee solely because a member of his or her family is being persecuted?
Canada (Federal), Canada
The following excerpt is from Jeyarajah v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 7698 (FC):
On the other hand, while it is true that the case law recognizes the family as a particular social group, a person is not a refugee solely because a member of his or her family is being persecuted. As Mr. Justice Nadon stated in Casetellanos v. Canada (Solicitor General),1 ". . . [t]here has to be a clear nexus between the persecution that is being levelled against one of the family members and that which is taking place against the others". The judge rejected the claim for refugee status in that case, as he considered that
"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
Does persecution against one member of the same family constitute a refugee status? (Canada (Federal), Canada)
What is the impact of the persecution of other members of the same family on a visa application? (Canada (Federal), Canada)
Can a policeman without consent or a warrant enter into a house and arrest a person there solely on the basis that he reasonably believes the person has committed a crime? (Canada (Federal), Canada)
Is there any case law that prohibits the use of the Guidelines for Family Law and Family Law in the context of family law? (MultiRegion, United States of America)
What is the effect of improper advice from an immigration consultant on a sponsor not disclosing the existence of his family members? (Canada (Federal), Canada)
What is the test for an application for judicial review against a spouse who entered into the marraige primarily for the purpose of gaining admission to Canada as a member of the family class? (Canada (Federal), Canada)
What is the standard of review for rejecting a refugee claim based on the notion of “refugee sur place”? (Canada (Federal), Canada)
What is the test for determining whether a person is a member of a terrorist group? (Canada (Federal), Canada)
What is the test for the right of a single person to cast their ballot at the same time as a second person? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
