Mary’s Visa Case Study | Online Assignment Help

Using the facts outlined above, please determine whether or not Mary’s claim would likely be accepted. Do not consider eligibility issues or exclusion issues. Please only consider this claim under section 96. Do not consider this claim under section 97. For full marks you must (i) identify every aspect or part of the Convention refugee definition and (ii) explain how the facts relate to every aspect or part of the Convention refugee definition. You may use point form, but write in complete sentences. (21 marks)
2. Mary used a smuggler to obtain false identity documents to travel to Canada. Mary did not bring any genuine identity documents with her to Canada. Will Mary’s identity be an issue at the Refugee Protection Division? Why? (2 marks)
3. There is a change of government in Kenya before Mary’s hearing and the government has vowed to protect women’s rights. The Refugee Protection Division (RPD) Member tells Mary he believes she meets the definition of a Convention refugee, but because of the change of government, she has ceased to be a refugee. The RPD Member believes the reasons for which Mary sought refugee protection have ceased to exist. What argument can Mary make to argue that, despite the change in circumstances, her claim for protection should be allowed? Please cite the relevant section(s) of the IRPA and/or Regulations. (3 marks)
4. Mary must prove a well-founded fear of persecution. What is the legal test (i.e. standard of proof) Mary must establish in terms of whether or not she will face persecution? (2 marks)
5. Assume that Mary is eligible to make a refugee claim and her claim for protection before the RPD is dismissed. What is the legal remedy available to Mary to challenge the RPD’s decision and what are the applicable timelines? (3 marks) What is the legal remedy available to Mary if the RPD finds that her claim has “no credible basis”? (1 mark)
6. Assume Mary’s claim for protection before the RPD is dismissed, and all appeals and/or judicial review applications are unsuccessful. Mary tells you that she is still fearful of returning to Kenya and new evidence has arisen to support her claim. What is Mary’s option? When can she seek this remedy? Please cite the relevant section of the IRPA and/or Regulations that applies to when the remedy is available to Mary.

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