Frightening what bureaucracy can do in the name of standardization:
News link:
'If you don't take a job as a prostitute, we can stop your benefits' Edit:
Snopes response clarifying can versus will, indicating that the above article merely illuminates a loop hole in the laws which has never been acted on -- thanks to
arewar for the link.
Bottom line: An immigration judge in the United States would have the final say, we really can't determine this one ahead of time, but it would be an interesting case to watch.
Looking at it from the Canadian perspective:
Immigration Canada would try to determine if an asylum applicant is a Person in need of protection:
A person in need of protection is a person in Canada whose removal to their country of nationality or former habitual residence would subject them to the possibility of torture, risk to life, or risk of cruel and unusual treatment or punishment.
Again, we can't tell in advance because it's subject to interpretation, but I suspect the Canadian system might be slightly more receptive to someone's claim in these circumstances under the "unusual treatment" clause. This is certainly unusual.
I just feel real sorry for the woman. The whole situation stinks.
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You make a good point. If I was agruing against (to play devil's advocate), I'd stress that this is about unemployment benefits, not human rights. Considering these are a privelege, and not guarenteed even within the country in question, losing them doesn't qualify as persecution or torture. The government is not threaten a jail sentence - that I'm sure would qualify for asylum.
Bancruptcy, unemployment, etc are not considered persecution or torture. That she would be denied government employment services might count. If she could be placed on a 'black list' available to employers that would certainly count.
It would be a fancinating trial.
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I think the Canadian clause requires *both* cruel and unusual. Weird doesn't cut it. I agree this counts as unusual. I don't know if a Canadian judge would consider it cruel. Given the level of social support in Canadian, it seems like a good shot though.
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The whole situation stinks.
Fine, I'll nominate you for understatement of the year.
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