TB4-08825

TB4-08825

The appellants were excluded under Article 1E because they held Spanish residence permits that confer rights substantially similar to Spanish nationals and they failed to rebut the presumption that Spain could protect them; no new evidence was submitted to justify an oral hearing, therefore the RAD confirmed the RPD decision under s.111(1)(a) IRPA.

Citation
TB4-08825
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Intervener: Minister of Public Safety (Intervener)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 January 2015
Procedural Posture
Refugee Protection Appeal / Final Decision by Refugee Appeal Division Confirming RPD Under S.111(1)(a) IRPA
Outcome
Appeal dismissed; RPD decision confirmed under s.111(1)(a) IRPA
Legal Topics
Article 1 E Exclusion, State Protection Presumption and Rebuttal, Temporary Resident Status in Third Country, Application of Zeng Test, Oral Hearing Under S.110(6) IRPA, Role and Standard of RAD Review
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion State Protection Presumption and Rebuttal Temporary Resident Status in Third Country Application of Zeng Test Oral Hearing Under S.110(6) IRPA +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister of Public Safety (Intervener)

Intervener

Procedural Posture

Refugee Protection Appeal / Final Decision by Refugee Appeal Division Confirming RPD Under S.111(1)(a) IRPA

Legal Issues

  1. 1 Whether Article 1E of the Refugee Convention excludes appellants who hold Spanish residence permits
  2. 2 Whether the appellants' Spanish residence permits afford rights substantially similar to Spanish nationals
  3. 3 Whether the appellants rebutted the presumption of state protection in Spain

Ratio Decidendi

The appellants were excluded under Article 1E because they held Spanish residence permits that confer rights substantially similar to Spanish nationals and they failed to rebut the presumption that Spain could protect them; no new evidence was submitted to justify an oral hearing, therefore the RAD confirmed the RPD decision under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed under s.111(1)(a) IRPA

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated August 28, 2014 is confirmed