Federal Court of Appeal Examines for First Time Refugee Protection on the Basis Inadequate Health Care

On 10 November 2006, in a precedent-setting case, the Federal Court of Appeal dismissed an application by a Mexican national to remain in Canada as a "person in need of protection" under the Immigration and Refugee Protection Act (IRPA). The principal issue before the Court was whether the IRPA excludes from protection people who face a risk to life if returned to their home country, where the risk arises from the fact the government does not provide affordable medical treatment.