TB2-11723

TB2-11723

On the balance of probabilities the claimants held permanent/residence status in Italy (Permesso di Soggiorno described as 'indefinite') and enjoyed rights substantially similar to nationals; the claimant voluntarily allowed that status to lapse and failed to rebut the presumption of effective state protection in Italy. As a result the claimants are excluded under Article 1E of the Refugee Convention. The Minister's submission of exclusion under Article 1F(b) for abduction was rejected on the evidence. In the alternative, the panel found viable internal flight alternatives in Abuja, Port Harcourt and Ibadan and no serious possibility of persecution there.

Citation
TB2-11723
Parties
Claimant (principal): XXXX XXXX; Claimant (minor): XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration (Canada); Decision Maker (tribunal Member): Roslyn Ahara
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 August 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision and Reasons Following Hearings (private Proceeding)
Outcome
Refugee claims rejected; claimants excluded pursuant to Article 1E of the 1951 Refugee Convention
Legal Topics
Article 1 E Exclusion (status in Third Country), Article 1 F(b) Exclusion (serious Non Political Crime/abduction), Internal Flight Alternative (ifa), Credibility Assessment, Weight of Medical/psychiatric Evidence, State Protection
Source Language
English
Immigration Law Refugee Law Criminal Law (abduction) Administrative Law Evidence Law (expert Evidence) Article 1 E Exclusion (status in Third Country) Article 1 F(b) Exclusion (serious Non Political Crime/abduction) Internal Flight Alternative (ifa) +3 more

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Parties

XXXX XXXX

Claimant (principal)

XXXX XXXX XXXX

Claimant (minor)

Minister of Citizenship and Immigration (Canada)

Respondent / Minister

Roslyn Ahara

Decision Maker (tribunal Member)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision and Reasons Following Hearings (private Proceeding)

Legal Issues

  1. 1 Whether the claimants have status in Italy substantially similar to nationals (Article 1E)
  2. 2 Whether the principal claimant is excluded under Article 1F(b) for abduction under Criminal Code s.283
  3. 3 Whether the claimants would face persecution in Italy or have a viable internal flight alternative in Nigeria

Ratio Decidendi

On the balance of probabilities the claimants held permanent/residence status in Italy (Permesso di Soggiorno described as 'indefinite') and enjoyed rights substantially similar to nationals; the claimant voluntarily allowed that status to lapse and failed to rebut the presumption of effective state protection in Italy. As a result the claimants are excluded under Article 1E of the Refugee Convention. The Minister's submission of exclusion under Article 1F(b) for abduction was rejected on the evidence. In the alternative, the panel found viable internal flight alternatives in Abuja, Port Harcourt and Ibadan and no serious possibility of persecution there.

Court Disposition

Refugee claims rejected; claimants excluded pursuant to Article 1E of the 1951 Refugee Convention

Orders

  • Refugee claims of the principal claimant and minor children are rejected
  • Claimants are excluded from refugee protection pursuant to Article 1E of the Convention; alternative finding: viable internal flight alternatives in Abuja, Port Harcourt and Ibadan