What is the impact of failure to apply for refugee status immediately upon arrival or within a reasonable delay?
Canada (Federal), Canada
The following excerpt is from Gyawali v. Canada (Minister of citizenship and immigration), 2003 FC 1122 (CanLII):
Although case law generally indicates that failure to apply for refugee status immediately upon arrival or within a reasonable delay can be an important factor to consider in determining a claimant's credibility (Huerta v. Canada (Minister of Employment and Immigration) (1993), 157 N.R. 225 (F.C.A.), there exist situations in which negative inferences may not be drawn and failure to apply for refugee status immediately upon arrival in a Convention country cannot be the sole basis for questioning a claimant's credibility.
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