TB2-14514

TB2-14514

Tribunal found claimant previously held EC long-term resident status but had, on balance of probabilities, lost it through voluntary prolonged absence; he therefore did not have status substantially similar to an Italian national at the date of hearing, but balancing Zeng factors (voluntariness of loss negative; inability to return to Italy neutral; serious possibility of persecution in Sri Lanka positive) and Canada’s non-refoulement obligations led to a refusal to exclude the claimant under Article 1E and a finding that he is a Convention refugee.

Citation
TB2-14514
Parties
Claimant: XXXX XXXX; Respondent / Intervener: The Minister of Public Safety and Emergency Preparedness (intervenor); Adjudicator: James Waters
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 December 2018
Procedural Posture
Refugee Protection Claim With Article 1 E Exclusion Assessment / Hearing and Decision (reasons and Decision)
Outcome
Claimant found to be a Convention refugee; exclusion under Article 1E denied
Legal Topics
Article 1 E Exclusion, EC Long Term Resident Status, Non Refoulement, Credibility and Program Integrity
Source Language
English
Immigration Law Refugee Law International Law Article 1 E Exclusion EC Long Term Resident Status Non Refoulement Credibility and Program Integrity

Case Brief

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Parties

XXXX XXXX

Claimant

The Minister of Public Safety and Emergency Preparedness (intervenor)

Respondent / Intervener

James Waters

Adjudicator

Procedural Posture

Refugee Protection Claim With Article 1 E Exclusion Assessment / Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant had status substantially similar to that of Italian nationals at the date of hearing under Article 1E of the Refugee Convention
  2. 2 Whether the claimant previously had such status and lost it and whether loss was voluntary or involuntary
  3. 3 Whether the claimant can return to Italy

Ratio Decidendi

Tribunal found claimant previously held EC long-term resident status but had, on balance of probabilities, lost it through voluntary prolonged absence; he therefore did not have status substantially similar to an Italian national at the date of hearing, but balancing Zeng factors (voluntariness of loss negative; inability to return to Italy neutral; serious possibility of persecution in Sri Lanka positive) and Canada’s non-refoulement obligations led to a refusal to exclude the claimant under Article 1E and a finding that he is a Convention refugee.

Court Disposition

Claimant found to be a Convention refugee; exclusion under Article 1E denied

Orders

  • Claim allowed; claimant recognized as a Convention refugee
  • Minister's request for exclusion under Article 1E denied