Is there any case law or case law supporting the argument that a person with a profile similar to that of the applicant in Vietnam should not be returned to that country?

Canada (Federal), Canada

The following excerpt is from Lu v. Canada (Minister of citizenship and immigration), 2003 FC 1094 (CanLII):

The applicant argues that since he never had any ties with Communist Vietnam, he should not be returned to that country. Although the documentary evidence refers to Vietnam's bleak human rights record, it does not support the premise that a person with the applicant's profile would be at risk if returned to Vietnam at this time. I find that the applicant's risk allegations to be speculative and unsupported by the evidence. Nor can such allegations support the applicant's alleged Charter violations. It is well established that Charter decisions, "cannot be based upon the unsupported hypotheses of enthusiastic counsel." (MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357, at 361-362)

Other Questions


Is there any case law that supports the argument that a premature application is not a valid application? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the current state of the law on "similar to" a similar to a similar-to-any agreement? (MultiRegion, United States of America)
What is the applicant's fifth point of argument in his application for discharge on the grounds of unsuitability? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the test for determining whether an applicant has a reasonable chance of persecution if they return to their home country of origin? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
Is there any case law that supports the argument that exemptions from taxation and distraint apply only to personal property situated on reserves? (Canada (Federal), Canada)
What is the test for an application to remove a person from a country where there is a high risk of torture? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.