In what circumstances will a Minister of Employment and Immigration be allowed to bring an application for an indefinite stay in the United States without fear of persecution?
Canada (Federal), Canada
The following excerpt is from Ramachanthran v. Canada (Minister of Citizenship and Immigration), 2003 FCT 673 (CanLII):
In Thirunavukkarasu v. Canada (Minister of Employment and Immigration), 1993 CanLII 3011 (FCA), [1994] 1 F.C. 589, it was held that an IFA cannot be speculative or theoretical. In Kulanthavelu, supra, it was stated that the availability of suitable work, relatives, duration of previous residence, etc., are factors that, in the context of all of the evidence regarding the circumstances of each applicant, go to whether or not it is objectively reasonable for an applicant to live in a proposed IFA destination without fear of persecution.
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