Canada's Newest Asylum Seekers Flee "Star-Whackers"

They're not from a boat loaded with refugees. No, they're from Hollywood.

Meet Canada'a newest asylum seekers, Randy Quaid and his wife Evi:

In a rambling presentation at an immigration hearing, Evi Quaid said eight of her husband's acting friends had been murdered in recent years and they feared he would be next...

Their attorney, Brian Tsuji, later read a note from the couple to reporters. "Yes, we are seeking asylum from Hollywood star whackers."

This is kind of sad because some of the "murders" the Quaids claim occurred include Heath Ledger (who actually died of an accidental drug overdose) and David Carradine (committed suicide).

The Quaids' saga is notable, as it might illustrate one of those rare marriages where each partner's issues feeds back on the other's, reinforcing both in turn. Could this be what leads to odd behaviour such as squatting in their old home which they previously sold?

Needless to say, the likelihood of the Quaids receiving asylum is low. They don't claim they are being persecuted by any government and unless they have amazingly good evidence of this conspiracy of "star whackers," there really isn't any apparent danger that would give Canada grounds to grant asylum.

For a brief overview of the actual requirements governing Canadian refugee claims, see Citizenship and Immigration Canada: Refugee claims in Canada—Who can apply

You may find the following definitions useful as you learn more about refugee claims in Canada.

Convention Refugee

Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on:

• race
• religion
• political opinion
• nationality or
• membership in a particular social group, such as women or people of a particular sexual orientation.

Person in need of protection

A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:

• a danger of torture;
• a risk to their life; or
• a risk of cruel and unusual treatment or punishment.

- Christopher Bird, Toronto

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Arizona Immigration Boycot Gains Traction

New York Times reports on a fledgling movement that calls for an economic boycott of the State of Arizona in response to that State's sweeping and controversial immigration legislation, signed into law last week:

A spreading call for an economic boycott of Arizona after its adoption of a tough immigration law that opponents consider racially discriminatory worried business leaders on Monday and angered the governor.

Several immigrant advocates and civil rights groups, joined by members of the San Francisco government, said the state should pay economic consequences for the new law, which gives the police broad power to detain people they reasonably suspect are illegal immigrants and arrest them on state charges if they do not have legal status.

Critics say the law will lead to widespread ethnic and racial profiling and will be used to harass legal residents and Latino citizens.

The legislation:

• Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a lawful contact where reasonable suspicion exists regarding the immigration status of the person, except if the determination may hinder or obstruct an investigation.

• Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

• Specifies that a person is presumed to be lawfully present if the person provides any of the following:

- A valid Arizona driver license.

- A valid Arizona nonoperating identification license.

- A valid tribal enrollment card or other form of tribal identification.

- A valid federal, state or local government issued identification, if the issuing entity requires proof of legal presence before issuance.

Full text of Arizona's Bill 1070 is here.

Also see: Boycott the Arizona Diamondbacks from C&L; Legal Battles Expected over Arizona’s New Immigration Law from ABA Journal

- Garry J. Wise, Toronto

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The Arizona Immigration Bill

Keep a close eye on this story.

Is the American south tiptoeing toward a collision on the battleground of its own, latent racial faultline?

If so, it isn't going to be pretty.

See: Arizona governor signs tough immigration law; foes promise legal challenges, will seek economic sanctions against State.

Also see:

• Law Profs On Arizona Immigration Bill: It’s Unconstitutional - WSJ Law Blog
• U.S.'s Toughest Immigration Law Signed in Arizona - New York Times
• "Do you have your papers, citizen?" - Atrios
• Advocates vow challenges to Ariz. immigration law - Associated Press
• Obama: new Ariz. immigration bill is 'misguided' - CTV News
• Arizona Rep closes offices after bomb threat over opposition to immigrant crackdown - Raw Story

- Garry J. Wise, Toronto

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Waking Up Canadian

The Government of Canada went to YouTube last week to announce changes to Canada's citizenship laws:

Under the new law citizenship is restored to:

People who:

• became citizens when the first citizenship act took effect on January 1, 1947, including people born in Canada prior to 1947 and war brides. It also applies to other British subjects who had lived in Canada for at least five years before 1947, became citizens on January 1, 1947, and who then lost citizenship.

It also restores citizenship to people who:

• were born in Canada or who became Canadian citizens on or after January 1, 1947, and who then lost their citizenship and
• were born outside Canada, on or after January 1, 1947, in the first generation born abroad, to a Canadian citizen.

The law also gives citizenship to some people who have never been citizens. This includes people who:

• were born outside Canada on or after January 1, 1947
• are in the first generation born abroad and
• were born to a Canadian citizen.

Read more at about who woke up Canadian yesterday at Citizenship and Immigration Canada

- Garry J. Wise, Toronto

P.S.

(Back at you Altavistagoogle)

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A Parabola is a Mathematical Curve and not a Biblical Story – Federal Court Confirms

In a decision released on January 7, 2008, Mr. Justice Leonard Mandamin of the Federal Court of Canada set aside the order of an Immigration and Refugee Board of Canada (IRB) adjudicator denying the refugee claim of a Chinese woman, Pin Xian Xin.

Ms. Xin entered Canada illegally and made a refugee claim, saying she feared persecution in China because of her membership in an underground church and for breaching China's one-child policy.

At the hearing of her claim she was repeatedly asked by an IRB adjudicator about Bible "parabolas." The IRB ruled Ms. Xin could not be a Christian -- partly because she did not know what a "parabola" is and could not answer the question "What is your favourite parabola?"

Justice Mandamin ruled:

"A parabola is a mathematical curve and not a Biblical story……………..the applicant cannot be faulted for the confusion."

Full text of the Judgment: Xin v. Canada (Citizenship and Immigration)

- Shashi K. Raina, Toronto

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