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Refugee Application, Refusal, Appeal: Silva v. John Doe

#Refugee #Application, #Refusal, #Appeal, #Canada #Immigration

*Silva v. John Doe, 2016 ONSC 307

“The plaintiff, a Brazilian citizen, entered Ontario illegally in 2002 (at which time he was subject to a 1995 deportation order) and remained in the province until 2013. He supported himself by working construction jobs for cash, and never filed an income tax return. He did not have automobile insurance. He was injured when struck by an unidentified driver in 2011. He commenced a proceeding for compensation out of the Motor Vehicle Accident Claims Fund. The superintendent brought a successful motion for security for costs. The plaintiff appealed. The parties agreed to argue a motion for summary judgment asking the court to determine whether s. 25(1) of the Motor Vehicle Claims Act, R.S.O. 1990, c. M.41, which (with one exception) prohibits payments out of the fund in favour of a person who ordinarily resides in a jurisdiction outside Ontario, was a bar to the plaintiff ’s claim.
Held, the action should be dismissed.

The plaintiff was not ordinarily resident in Ontario at the time of the accident. Having been deported once, he knew or ought to have known that, subject to successfully applying for refugee status, his second, illegal stay in Canada was on a daily, temporary basis. The fact that he had a continuous physical presence in Ontario was one factor to consider, but his presence was the result of deception.”

*source: Ontario reports

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