MC2-03838

MC2-03838

Appeal dismissed because appellants failed to prove, on the balance of probabilities, that they no longer held Italian permanent resident status; country documentation predominantly indicates revocation is not automatic, appellants made no effort to obtain official confirmation from Italian authorities, the registry documents lacked sufficient trustworthiness, and unexplained omissions in the initial narrative undermined credibility, supporting the RPD's Article 1E exclusion finding.

Citation
MC2-03838
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Co Appellant (female): XXXX XXXX; Co Appellant (male): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2022
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Article 1 E Exclusion, Permanent Residence Status, New Evidence (subsection 110(4) Irpa), Burden of Proof, Credibility and Omissions, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law International Refugee Law Article 1 E Exclusion Permanent Residence Status New Evidence (subsection 110(4) Irpa) Burden of Proof +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Co Appellant (female)

XXXX XXXX

Co Appellant (male)

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the appellants are excluded from refugee protection under Article 1E due to recognised permanent residence in Italy
  2. 2 Whether appellants have demonstrated on the balance of probabilities that their Italian permanent resident status has been lost or revoked
  3. 3 Whether newly-submitted registry documents are admissible and credible under subsection 110(4) IRPA

Ratio Decidendi

Appeal dismissed because appellants failed to prove, on the balance of probabilities, that they no longer held Italian permanent resident status; country documentation predominantly indicates revocation is not automatic, appellants made no effort to obtain official confirmation from Italian authorities, the registry documents lacked sufficient trustworthiness, and unexplained omissions in the initial narrative undermined credibility, supporting the RPD's Article 1E exclusion finding.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection.

Orders

  • New registry documents submitted on appeal not admitted as new evidence (rejected for lack of trustworthiness)
  • RPD decision affirmed and Article 1E exclusion upheld