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Improving Claims Resolution: Alternative Processes In Canada's Immigration System, Nicole M. Melanson
Improving Claims Resolution: Alternative Processes In Canada's Immigration System, Nicole M. Melanson
LLM Theses
This thesis argues that alternative dispute resolution processes form a vital part of Canada's immigration and refugee claims determination system. Using an analytical framework that draws on dispute resolution and relational feminist theory, it explores how alternative processes provide advantages over adversarial ones for claims that engage issues of power and relationships. By aligning claims with appropriate processes, system administrators can improve the fairness, efficiency and durability of resolutions. Introductory Chapters describe the administrative law structure that governs immigration and refugee claims in Canada, and the Immigration Appeal Division's Early Resolution program. This unique initiative integrates alternative processes into the …
Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski
Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski
LLM Theses
This thesis evaluates Canadas compliance with human rights-based complementary international protection. Through an analysis of the roots of international refugee protection, it first links the evolution of the latter with the development of human rights law instruments. It then defines complementary protection as the corpus of legal bases for asylum claims outside of the Convention Relating to the Status of Refugees. It uses various human rights instruments to outline international protection obligations, which take three different forms of complementary protection. The first one consists in independent protection mechanisms outside of the Refugee Convention, the most important being the formulation of …
Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul
Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul
LLM Theses
Canadian immigration law has traditionally relied upon broad grants of discretionary authority as a tool for immigrant application processing. Such authority has had two facets--a procedural aspect allowing for flexibility in methods and processes for handling applications, and a substantive aspect relating to actual decision making. This thesis examines such discretion in the particular context of the Independent category of migration that is provided for under the current Immigration Act and Regulations. This thesis argues that discretionary power has recently been significantly affected by two evolving trends. Hampered by fiscal constraints, the bureaucracy has sought to reduce usage of positive …