Analysis of a Refugee Protection Claim: BICC 111, Spring 2020

This report analyzes a refugee protection claim submitted on behalf of Khalil Salem, an Algerian homosexual seeking refuge in Canada. The claim highlights the persecution Salem faced in Algeria due to his sexual orientation, a country where homosexuality is criminalized. The report details the legal arguments supporting Salem's claim under the Canadian Refugee Protection Guidelines and the Immigration and Refugee Protection Act (IRPA). It also addresses potential issues of inadmissibility, including providing false information on a dating website and a recent medical diagnosis of an enlarged prostate and potential prostate cancer, which could require medical treatment. The report references relevant legal frameworks, acts, and scholarly articles, aiming to provide a comprehensive assessment of the case and recommend a favorable outcome for Salem's refugee claim. The report is written as a letter from an immigration consultant to the Refugee Protection Division, outlining the client's situation, legal arguments, and recommendations.

STUDENT’S NAME
PROFESSOR’S NAME
INSTITUTIONAL AFFILIATION
IMMIGRATION AND REFUGEE LAW
DATE

Suave Associates
Immigration Consultancy Firm
‘Your step to justice.’
REF. NO. SUVC-QBCDZEA5 DATE. 18 JUNE 2020
Sir Maxwell O’ Brien,
Immigration Consultant,
Suave Associates,
Toronto, Ontario,
Phone: [phone],
Fax: [phone].
To:
Refugee Protection Division, Toronto
RE: IRPA Refugee Protection Claim.
I hereby submit this letter on behalf of my client, Khalil Salem, subject to the Canadian
Refugee Protection Guidelines.
Khalid Salem is of Algerian Origin and he filled in a refugee claim in December 2019
seeking refuge and protection from the Canadian government. Khalil made this claim at the Fort
Erie border in Ontario which served as a point of entry for himself and his husband, Henry
Foster. At the time of filling in the claim, the couple was driving back to Toronto via a rented

car .This was after they encountered series of unfortunate experiences including unforeseen
transportation hiccups, discrimination, unlawful arrest en route. Days prior to the incident at the
point of entry, Khalil and Henry had visited Algeria to meet Khalil’s family .The couple was
returning back to Toronto, Canada, where Khalid was a student at York University –Glendon
Campus while Henry was residing in Canada on a work permit.
The Refugee Protection Division is known to protect refugees such as Khalil who do not
wish to go back to their countries of origin due to valid provable issues1. Khalil wishes to
permanently distance himself from the borders of Algeria, where he had previously faced
discrimination, unlawful arrest, infringement of his rights, inhumane treatment among other
heinous acts on account of his sexual orientation.. As a homosexual, the Algerian legislations
stripped Khalil off his basic rights and this made his life in Algeria unbearable .Algeria is a
homophobic nation and in the country, homosexuality is a criminal offence punishable by
imprisonment of up to two years and can necessitate as a monetary fine. Canada is one of the
highly ranked gay friendly states and over the years has attracted a lot number of homosexuals
seeking refuge from discrimination and ill treatment from their places of residence, work or
origin.2
The restrictions in Algeria denied Khalil the liberty to comfortably and openly come out
to his family and friends3. He had to keep his relationships secret resulting to sneaking up, hiding
and relocating to unfamiliar places for his security and happiness.
1 Immigration and Refugee Protection Regulations (SOR/2002-227)
2 Arbel, Efrat, and Alletta Brenner. "Bordering on failure: Canada-US border policy and the politics of refugee
exclusion." (2014).
3 Lomba, Sylvie da. "Legal status and refugee integration: A UK perspective." Journal of Refugee Studies 23, no. 4
(2010): 415-436.

Once his sexual orientation was revealed to his peers, Khalil was subjected to humiliating
remarks and ill treatment from other students and some members of the university faculty. Khalil
even suspected that some of his instructors thoroughly scrutinized his work and harshly awarded
him undeserving marks. Khalil’s perennial arrest and criminal charge were characterized by
homophobic insults, physical assault, emotional torture, threats and a lot of insecurity4.
However in my discussions with Khalil, two potential inadmissibility were unveiled.
Khalil revealed to me that Khalil he knowingly provided false information that could proof
difficult to ignore.5 He admitted to me that he described himself as “heterosexual” when he
registered on a dating website when he first came to Canada as a student6. He explained that,
after everything he had gone through, he would see if he could adopt a more acceptable lifestyle.
He dated a couple of women very casually before he gave up his plan. He never cancelled his
website registration.
Upon further discussions, Khalil revealed that once he was back in Toronto, he consulted
a doctor and learned that he has an enlarged prostate. He will be undergoing further tests for
prostate cancer. Recommendation after a positive screening indicating cancer, will necessitate
him to undergo surgery, chemotherapy and radiation treatment.7
I hope your division will take into positive consideration my client’s appeal and reward
him refuge and claim as deemed favorable.
Thank you. Looking forward to hearing from you at your earliest convenience.
4 Cameron, H. E. (2010). Refugee status determinations and the limits of memory. International Journal of Refugee
Law, 22(4), 469-511.
5 See; DIVISION 1 - Determination of Inadmissibility (The Immigration and Refugee Protection Act)
6 See; The Immigration and Refugee Protection Act (IRPA) (the Act)
7 Dauvergne, Catherine. "International human rights in Canadian immigration law—the case of the immigration
and refugee board of Canada." Indiana Journal of Global Legal Studies 19, no. 1 (2012): 305-326.

Sincerely,
Sir Maxwell O’ Brien,
Suave Associates- Immigration Consultant.

Bibliography
Lomba, Sylvie da. "Legal status and refugee integration: A UK perspective." Journal of Refugee
Studies 23, no. 4 (2010): 415-436.
Arbel, Efrat, and Alletta Brenner. "Bordering on failure: Canada-US border policy and the
politics of refugee exclusion." (2014).
Dauvergne, Catherine. "International human rights in Canadian immigration law—the case of the
immigration and refugee board of Canada." Indiana Journal of Global Legal Studies 19,
no. 1 (2012): 305-326.
Cameron, H. E. (2010). Refugee status determinations and the limits of memory. International
Journal of Refugee Law, 22(4), 469-511.
Acts and laws
The Immigration and Refugee Protection Act (IRPA) (the Act)
Immigration and Refugee Protection Regulations (SOR/2002-227)
DIVISION 1 - Determination of Inadmissibility (The Immigration and Refugee Protection Act)