What is the test for determining whether a refugee has been discriminated against or persecuted?

Canada (Federal), Canada

The following excerpt is from Canada (Citizenship and Immigration) v. Munderere, 2008 FCA 84 (CanLII):

Second, in cases where the evidence establishes a series of actions characterized to be discriminatory, and not persecutory, there is a requirement to consider the cumulative nature of that conduct. This requirement reflects the fact that prior incidents are capable of forming the foundation of present fear. See: Retnem v. Canada (Minister of Employment and Immigration) (1991), 132 N.R. 53 (F.C.A.). This is also expressed in the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status ("Handbook on RefugeeStatus") in the following terms, at paragraph 53: [Citation omitted]

Other Questions


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 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 agency's silence is sufficient to determine whether a decision was arbitrary or capricious? (MultiRegion, United States of America)
Does the credibility of a refugee claimant have to be considered a factor in determining whether to grant refugee status under s. 52(c)(i) of the Human Rights Code? (Canada (Federal), Canada)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a refugee has been denied refugee status because of discriminatory conduct? (Canada (Federal), Canada)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
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 "control" test applied by the California Court of Appeal to determine whether the California Department of Justice has a role in determining whether or not the California Board of Representatives has any role in the decision? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.