Lehal Law Challenges Constitutionality of Immigration Law
Lehal Law is challenging the constitutionality of an immigration provision which prohibits failed refugee claimants from having a risk assessment conducted prior to being removed to their country of persecution. The law used to be that prior to removals from Canada a refugee claimant could engage a Pre Removal Risk Assessment (PRRA) to assess their risk, this law was changed in June 2012 prohibiting failed refugee claimants, for one year from their negative refugee decision, from having a risk assessment done. This means that individuals with a negative refugee claim can be removed even if they have new and recent evidence that their lives are at risk in their country. Lehal Law will be arguing that such a law violates section 7 of the Charter, the right to life, liberty and security of the person. This is a very important challenge and one which immigration lawyers across Canada are also making.