TB7-05983

TB7-05983

The RAD found on the evidence, including the UK government guidance and the British Nationality Act, that the mother had acquired settlement (permanent resident) status in the UK and that the Co-Appellant was a UK citizen by birth; the Principal Appellant possessed rights substantially similar to UK nationals (or at least to UK permanent residents) and therefore both Appellants were excluded from refugee protection under Article 1E and the appeal was dismissed.

Citation
TB7-05983
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2018
Procedural Posture
Refugee Appeal Redetermination (rad) Under IRPA / Decision on Redetermination of Appeal
Outcome
Appeal dismissed; Principal Appellant excluded under Article 1E and Co-Appellant not a Convention refugee or person in need of protection
Legal Topics
Article 1 E Exclusion, State Protection, Acquisition of Nationality, Residence and Settlement
Source Language
English
Immigration Refugee Law Nationality Law Administrative Law Article 1 E Exclusion State Protection Acquisition of Nationality Residence and Settlement

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal Redetermination (rad) Under IRPA / Decision on Redetermination of Appeal

Legal Issues

  1. 1 Whether the Appellants possess rights equivalent to nationals of the United Kingdom for purposes of Article 1E of the Refugee Convention
  2. 2 Whether the Appellants' mother acquired UK settlement/permanent resident status and whether that status conferred rights on the minor Appellants
  3. 3 Whether the Appellants are Convention refugees or persons in need of protection

Ratio Decidendi

The RAD found on the evidence, including the UK government guidance and the British Nationality Act, that the mother had acquired settlement (permanent resident) status in the UK and that the Co-Appellant was a UK citizen by birth; the Principal Appellant possessed rights substantially similar to UK nationals (or at least to UK permanent residents) and therefore both Appellants were excluded from refugee protection under Article 1E and the appeal was dismissed.

Court Disposition

Appeal dismissed; Principal Appellant excluded under Article 1E and Co-Appellant not a Convention refugee or person in need of protection

Orders

  • Appeal dismissed
  • Principal Appellant excluded under Article 1E of the Refugee Convention