VB9-00060

VB9-00060

Because the appellants possess enduring permanent resident status in South Africa that affords them rights substantially similar to citizenship, they are recognized by South African authorities as having the rights and obligations of nationality for the purposes of Article 1E; the RPD's exclusion finding was correct, the appellants failed to rebut state protection and failed to adduce admissible new evidence under s.110(4), therefore the appeal is dismissed and the appellants are excluded from refugee protection.

Citation
VB9-00060
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2019
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division on Appeal From Refugee Protection Division (final Decision Dated August 12, 2019)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are excluded from refugee protection under Article 1E and paragraph 111(1)(a) of the IRPA.
Legal Topics
Article 1 E Exclusion, State Protection Presumption, Admissibility of New Evidence, Refugee Status Determination, Risk of Persecution (s.96) and Risk of Harm (s.97)
Source Language
English
Immigration Law Refugee Law Administrative Law International Law Article 1 E Exclusion State Protection Presumption Admissibility of New Evidence Refugee Status Determination +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division on Appeal From Refugee Protection Division (final Decision Dated August 12, 2019)

Legal Issues

  1. 1 Whether the RPD erred in finding the appellants excluded under Article 1E of the 1951 Convention
  2. 2 Whether the appellants face a serious possibility of persecution (s.96 IRPA) or risk of harm (s.97 IRPA) in South Africa
  3. 3 Whether proposed new evidence meets subsection 110(4) IRPA (Singh/Raza factors)

Ratio Decidendi

Because the appellants possess enduring permanent resident status in South Africa that affords them rights substantially similar to citizenship, they are recognized by South African authorities as having the rights and obligations of nationality for the purposes of Article 1E; the RPD's exclusion finding was correct, the appellants failed to rebut state protection and failed to adduce admissible new evidence under s.110(4), therefore the appeal is dismissed and the appellants are excluded from refugee protection.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are excluded from refugee protection under Article 1E and paragraph 111(1)(a) of the IRPA.

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed.
  • Proposed new evidence not admitted; no hearing to be held.