VA7-02496

VA7-02496

At the time of application the claimant enjoyed the substantive rights and obligations of a US national (work, residence, social services) under the Cuban Adjustment Act, and she voluntarily relinquished that protection by leaving the US without obtaining advance parole or maintaining/renewing status; therefore she is excluded from refugee protection under Article 1E and section 98 IRPA and her claim is rejected.

Citation
VA7-02496
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 April 2009
Procedural Posture
Refugee Protection Exclusion Under Article 1 E (protection Elsewhere) and Consideration of Article 1 F(b) / Hearing and Decision (rejection)
Outcome
Claim rejected; claimant excluded under Article 1E of the UN Convention and section 98 of IRPA.
Legal Topics
Article 1 E Protection Elsewhere, Article 1 F Exclusion (serious Non‑political Crime), Cuban Adjustment Act, State Protection, Jurisdiction Shopping, Right to Return and Remain
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Protection Elsewhere Article 1 F Exclusion (serious Non‑political Crime) Cuban Adjustment Act State Protection Jurisdiction Shopping +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Protection Exclusion Under Article 1 E (protection Elsewhere) and Consideration of Article 1 F(b) / Hearing and Decision (rejection)

Legal Issues

  1. 1 Whether claimant had rights and obligations of a US national sufficient to exclude under Article 1E
  2. 2 Whether claimant voluntarily relinquished US protection and thus cannot claim refugee protection in Canada
  3. 3 Whether claimant is excluded under Article 1F(b) for a serious non‑political crime (aggravated battery)

Ratio Decidendi

At the time of application the claimant enjoyed the substantive rights and obligations of a US national (work, residence, social services) under the Cuban Adjustment Act, and she voluntarily relinquished that protection by leaving the US without obtaining advance parole or maintaining/renewing status; therefore she is excluded from refugee protection under Article 1E and section 98 IRPA and her claim is rejected.

Court Disposition

Claim rejected; claimant excluded under Article 1E of the UN Convention and section 98 of IRPA.

Orders

  • Claimant's refugee claim is rejected.