TB9-06059

TB9-06059

The Appellants were excluded from refugee protection under Article 1E because, as of the RPD hearing date, they held EC Residence Permits conferring rights substantially similar to Italian nationals; the Certificate of Irreparability post-dated the hearing and therefore did not negate status on the relevant date; the evidence, both personal and country documentation, did not establish a serious possibility of persecution or a section 96/97 risk in Italy on the balance of probabilities, so the RPD decision dismissing the claim was correct and is confirmed.

Citation
TB9-06059
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Article 1 E Exclusion, Convention Refugee Status, New Evidence Admissibility, Risk Assessment, Persecution, Residence Permit Status, Roma Discrimination
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion Convention Refugee Status New Evidence Admissibility Risk Assessment Persecution +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the Appellants were excluded from refugee protection under Article 1E of the Refugee Convention
  2. 2 Whether the EC Residence Permit conferred status substantially similar to nationals at time of RPD hearing
  3. 3 Whether new evidence (Certificate of Irreparability) should be admitted and whether it warrants an oral hearing

Ratio Decidendi

The Appellants were excluded from refugee protection under Article 1E because, as of the RPD hearing date, they held EC Residence Permits conferring rights substantially similar to Italian nationals; the Certificate of Irreparability post-dated the hearing and therefore did not negate status on the relevant date; the evidence, both personal and country documentation, did not establish a serious possibility of persecution or a section 96/97 risk in Italy on the balance of probabilities, so the RPD decision dismissing the claim was correct and is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA