How would this be presented in a memo format

Introduction:

The matter relates to refugee matter where our client is a Chinese citizen seeking Refuge in Canada at the refugee protection division. He was born in India when his parents were there for a trip, and his birth was not registered there. he has never had any connection to India. The case pertains to whether his potential citizenship in India will affect his application for immigration as a Refugee.

Facts:

The applicant arrived in Canada and made a convention refugee claim.

He was persecuted by the Chinese government.

He was born in India when his parents had a journey there.

His parents left India just six days after his birth date.

he dosent have Indian citizenship.

There has been no connection between him and India.

However, there is a possibility of having citizenship in India for him.

Issues

Whether the non-availability proof of birth in India and potential citizenship would affect the client application?

Whether the expire of due date of the registration for Indian birth certificate would be consider in client application?

Whether the immigration would consider the client as a person who has the dual citizenship or with a person who has the chance to get a citizenship from India?

Whether the immigration would consider him as a person who do not have any ties in India and cannot stay there?

LAWS

Statute

• Immigration and Refugee Protection Act, SC, 2001, c27

96A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(a)is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or

(b)not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

• 1951 Convention relating to the Status of Refugees:

Article

1. Definition of the term "refugee" Article premier

(2) ... In the case of a person who has more than one nationality, the term "the country of his nationality" shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.

• Indian Code - The Registration of Births and Deaths Act, 1969 (RBD Act)

Under the Civil Registration System (CRS) of India, the registration of births is mandatory. The Registration of Births and Deaths Act, 1969 (RBD Act) makes the registration of birth, death, and stillbirth compulsory across the country.

The period for applying for a birth certificate is within 21 days of a child being born. However, if due to some reason, parents fail to register the child within the stipulated time, they must pay a late fee (in case registration is done within a month). This is possible under the Delayed Registration provisions prescribed under Section 13 of the Act.

Beyond 30 days but within a year, a birth is registered with the written permission of the authority and on payment of a late fee. An affidavit needs to be produced too.

Beyond a year, birth can be registered only by the magistrate after the birth date has been verified.

Case law

Williams v. Canada (Minister of Citizenship & Immigration) 2005 CAF 126, 2005 FCA 126, 2005 Carswell Nat 1805

• A Uganda citizen who loses his or her Ugandacitizenshipbecause of the acquisition or possession of thecitizenshipof another country shall, on the renunciation of his or hercitizenshipof that other country, become a citizen of Uganda

Roncagliolo c. Canada (Ministre de la Citoyennet & de l'Immigration,2005 FC 1024, 2005 CF 1024, 2005 CarswellNat 5830

• A Peruvian citizen could claim Frenchcitizenshipin view of thedualPeruvian and Frenchcitizenshipof his wife and children. It found that the applicant could obtain it without undue difficulty.

Chieu v. Canada (Minister of Citizenship & Immigration), 2002 SCC 3, 2002 CSC 3, 2002 CarswellNat 5

• Can the Appeal Division of the IRB, in the exercise of its jurisdiction to have "regard to all the circumstances of the case", under theImmigrationAct'ss. 70(1)(b), consider the country (and its conditions) to which the non-refugee appellant would, on the balance of probabilities, be removed when assessing whether "the person should not be removed from Canada"; or not, in accordance with the decision of Mr. Justice McGuigan in a refugee case,Hoang v. Minister of Employment andImmigration(1990), 120 N.R. 193 at 195, 13 Imm. L.R. (2d) 35 (F.C.A.)quoted above herein?

Analysis:

Conclusion: