TA8-03272

TA8-03272

On the balance of probabilities the panel found the claimant remained a United States lawful permanent resident up to and including the date of the RPD hearing because there was no evidence US authorities had revoked her status and because the ICE Chief Counsel's statement established that an LPR retains the right to return and that only an Immigration Judge can revoke that status; accordingly the claimant fell within the Article 1E exclusion and the refugee claim was rejected.

Citation
TA8-03272
Parties
Claimant: XXXXX XXXXX XXXXX; Minister: Minister of Citizenship and Immigration / Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 June 2010
Procedural Posture
Refugee Protection Exclusion Under Article 1 E / Decision by Refugee Protection Division (hearing May 11, 2010; Decision June 23, 2010)
Outcome
Claim rejected; claimant found excluded under UN Refugee Convention Article 1E
Legal Topics
Article 1 E (un Refugee Convention), Permanent Resident Status (us), Right to Return, Credibility Findings, Convention Refugee Assessment
Source Language
English
Refugee Law Immigration Law Exclusion Article 1 E (un Refugee Convention) Permanent Resident Status (us) Right to Return Credibility Findings Convention Refugee Assessment

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration / Canada

Minister

Procedural Posture

Refugee Protection Exclusion Under Article 1 E / Decision by Refugee Protection Division (hearing May 11, 2010; Decision June 23, 2010)

Legal Issues

  1. 1 Whether the claimant retained United States lawful permanent resident (LPR) status at the time of the RPD hearing
  2. 2 Whether the claimant therefore falls within the Article 1E exclusion to the Refugee Convention
  3. 3 Whether the claimant abandoned LPR status by absence or conduct

Ratio Decidendi

On the balance of probabilities the panel found the claimant remained a United States lawful permanent resident up to and including the date of the RPD hearing because there was no evidence US authorities had revoked her status and because the ICE Chief Counsel's statement established that an LPR retains the right to return and that only an Immigration Judge can revoke that status; accordingly the claimant fell within the Article 1E exclusion and the refugee claim was rejected.

Court Disposition

Claim rejected; claimant found excluded under UN Refugee Convention Article 1E

Orders

  • Claim rejected; claimant is an excluded person pursuant to Article 1E of the Refugee Convention and s.98 of the IRPA