Question
Jose is from a war torn Central American country with no functional central government and has been working illegally as a waiter in the USA
Jose is from a war torn Central American country with no functional central government and has been working illegally as a waiter in the USA for past five years. After recent U.S. government crackdown on illegal immigrants, Jose decided to move to Canada.Withoutreceiving any consultations, he applied for a TRV in Los Angeles and got rejected. So, he decided to cross the border outside of an official POE. While trying to cross the border, he got arrested and now he is in detention. What is the possible reason for rejection of his TRV application?
- Is he allowed to pursue a claim for refugee protection?
- Provide a reason for your answer.
- Assuming a refugee claim is warranted, what could possibly be his basis for the claim?
You shouldwriteyour answersin legal memorandum format.( FIRAC): facts,issue,"Ratio" Legal Principle orPrecedent, Anylises and coclusion
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