MB9-21662

MB9-21662

Appellants are excluded under Article 1E because they held or had access to permanent resident status in France that conferred rights and obligations substantially similar to nationals at the date of the RPD hearing, they failed to demonstrate loss of that status or inability to return, and they did not establish that French authorities were unable or unwilling to protect them; additionally the new evidence was inadmissible under subsection 110(4) IRPA.

Citation
MB9-21662
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2020
Procedural Posture
Refugee Appeal Under IRPA (article 1 E Exclusion) / Final Decision by Refugee Appeal Division (reasons and Decision)
Outcome
Appeal dismissed; RPD determination confirmed that appellants are excluded under Article 1E of the Refugee Convention
Legal Topics
Article 1 E Exclusion, State Protection, Permanent Residence, Admissibility of New Evidence, Subsection 110(4) IRPA, Standard of Review
Source Language
English
Immigration Refugee Law International Protection Article 1 E Exclusion State Protection Permanent Residence Admissibility of New Evidence Subsection 110(4) IRPA +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under IRPA (article 1 E Exclusion) / Final Decision by Refugee Appeal Division (reasons and Decision)

Legal Issues

  1. 1 Whether appellants are excluded under Article 1E of the Refugee Convention
  2. 2 Whether permanent resident status in France confers rights substantially similar to nationals
  3. 3 Whether appellants lost that status or could not renew it

Ratio Decidendi

Appellants are excluded under Article 1E because they held or had access to permanent resident status in France that conferred rights and obligations substantially similar to nationals at the date of the RPD hearing, they failed to demonstrate loss of that status or inability to return, and they did not establish that French authorities were unable or unwilling to protect them; additionally the new evidence was inadmissible under subsection 110(4) IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed that appellants are excluded under Article 1E of the Refugee Convention

Orders

  • Appeal dismissed
  • Confirmation of Refugee Protection Division determination that appellants are excluded under Article 1E of the Convention