TB2-07629

TB2-07629

The panel found on a balance of probabilities that the claimants are permanent residents of Italy possessing rights substantially similar to Italian nationals and therefore excluded from refugee protection under Article 1E and section 98 IRPA; alternatively, the panel found the principal claimant's evidence not credible and the claims had no credible basis under section 107 IRPA, and accordingly rejected the claims.

Citation
TB2-07629
Parties
Principal Claimant: XXXX XXXX (aka XXXX XXXX XXXX); Minor Claimant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Counsel for the Minister: N/A; Panel Chair/decision Maker: Luis F. Agostinho
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 February 2018
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision
Outcome
Claims rejected; claimants excluded under Article 1E of the 1951 Convention and section 98 of the IRPA; alternatively, claims dismissed as having no credible basis under section 107 IRPA.
Legal Topics
Article 1 E Exclusion, Credibility Assessment, State Protection, Human Trafficking Allegations, No Credible Basis Finding, Identity Documentation
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Credibility Assessment State Protection Human Trafficking Allegations No Credible Basis Finding +1 more

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Parties

XXXX XXXX (aka XXXX XXXX XXXX)

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Luis F. Agostinho

Panel Chair/decision Maker

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision

Legal Issues

  1. 1 Whether claimants are excluded under Article 1E as persons with status substantially similar to Italian nationals
  2. 2 Whether the principal claimant and minors are permanent residents of Italy with rights substantially similar to nationals
  3. 3 Whether there is operational state protection available in Italy

Ratio Decidendi

The panel found on a balance of probabilities that the claimants are permanent residents of Italy possessing rights substantially similar to Italian nationals and therefore excluded from refugee protection under Article 1E and section 98 IRPA; alternatively, the panel found the principal claimant's evidence not credible and the claims had no credible basis under section 107 IRPA, and accordingly rejected the claims.

Court Disposition

Claims rejected; claimants excluded under Article 1E of the 1951 Convention and section 98 of the IRPA; alternatively, claims dismissed as having no credible basis under section 107 IRPA.