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Raul, a citizen of Argentina, entered Canada with a visitor's visa. He overstayed his visa and he has been living illegally in Canada for the

Raul, a citizen of Argentina, entered Canada with a visitor's visa. He overstayed his visa

and he has been living illegally in Canada for the past year. He made a refugee claim

alleging fear of persecution due to his sexual orientation.

a) Would Raul be removed from Canada because of his lack of legal immigration status?

Explain.

b) Assuming that Raul meets the inclusion elements of the refugee definition, can you

think of any circumstances that could lead to the exclusion of his claim and force him to

return to his home country?

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