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

The following excerpt is from Singh v. Canada (Minister of Citizenship and Immigration), 2004 FC 835 (CanLII):

In Adjei v. Canada (Minister of Employment and Immigration), 1989 CanLII 5184 (FCA), [1989] 2 F.C. 680 (F.C.A.), MacGuigan J.A. indicated: ¶ 5 It was common ground that the objective test is not so stringent as to require a probability of persecution. In other words, although an applicant has to establish his case on a balance of probabilities, he does not nevertheless have to prove that persecution would be more likely than not. [...] ¶ 6 The parties were agreed that one accurate way of describing the requisite test is in terms of "reasonable chance": is there a reasonable chance that persecution would take place were the applicant returned to his country of origin? [...] ¶ 8 What is evidently indicated by phrases such as "good grounds" or "reasonable chance" is, on the one hand, that there need not be more than a 50% chance (i.e., a probability), and on the other hand that there must be more than a minimal possibility. We believe this can also be expressed as a "reasonable" or even a "serious possibility", as opposed to a mere possibility. (my emphasis)

Other Questions


What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What is the test for determining whether there is sufficient evidence to determine whether there was persecution against Elias Zacarias? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has raised a genuine issue of fact as to whether an employer's nondiscriminatory reasons were pretextual? (MultiRegion, United States of America)
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons? (Canada (Federal), Canada)
Is there a reasonable chance of persecution upon return to El Salvador? (Canada (Federal), Canada)
What is the test for determining whether a reasonable modification to a uniformed employee's uniform is reasonable? (MultiRegion, United States of America)
Does the US Immigration Agency err in denying an application for asylum because the applicant failed to demonstrate past persecution or well-founded fear of future persecution? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.