Canada (Citizenship and Immigration) v. Garcia, 2007 FCA 75, [2008] 1 F.C.R. 322

INCADAT legal file Hague parental abduction

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The proceedings related to a mother and two sons who came to Canada from Mexico and claimed refugee status under the Immigration and Refugee Protection Act (IRPA).
In June 2004 the Quebec Court of Appeal issued a non-return order in a Hague Convention application for return of one of the boys, on the basis that he had become settled in his new environment. The parties were divorced in Mexico in October 2004, with custody granted to the mother and parental authority shared by the parents.
The refugee claims of the mother and the sons were denied in 2005 on the grounds that they faced no personal risk. However, an application for judicial review was subsequently upheld, but only in respect of the child whose return under the Hague Convention had been refused. The Canadian authorities appealed.