MA8-09994

MA8-09994

On the balance of probabilities the tribunal found the claimants held permanent residency in Italy as evidenced by CAIPS notes, visa stamps and testimony; therefore they are persons described in Article 1E and excluded under IRPA s98, Italy can protect them and their refugee claims are denied.

Citation
MA8-09994
Parties
Principal Claimant / Designated Representative: XXXX XXXX; Minor Claimant / Son: XXXX XXXXX XXXX; Presiding Panel Member: Me Haig Basmajian; Minister's Counsel: Jean-Denis Saint-Pierre
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 July 2011
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claims denied; claimants are not Convention refugees or persons in need of protection
Legal Topics
Article 1 E Exclusion, State Protection, Domestic Violence, Gender Based Persecution, Permanent Residency Status, Burden of Proof
Source Language
English
Refugee Law Immigration Law Human Rights Article 1 E Exclusion State Protection Domestic Violence Gender Based Persecution Permanent Residency Status +1 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant / Designated Representative

XXXX XXXXX XXXX

Minor Claimant / Son

Me Haig Basmajian

Presiding Panel Member

Jean-Denis Saint-Pierre

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants are excluded under section E of Article 1 of the Refugee Convention
  2. 2 Whether the claimants hold permanent resident status in Italy
  3. 3 Whether Italy can provide state protection to the claimants

Ratio Decidendi

On the balance of probabilities the tribunal found the claimants held permanent residency in Italy as evidenced by CAIPS notes, visa stamps and testimony; therefore they are persons described in Article 1E and excluded under IRPA s98, Italy can protect them and their refugee claims are denied.

Court Disposition

Claims denied; claimants are not Convention refugees or persons in need of protection

Orders

  • Refugee claims dismissed; claimants may return and remain in Italy
  • No further examination of claims against India required