TA2-19509

TA2-19509

The Minister did not meet the burden of proving the minor claimant is excluded under Article 1(E); the minor has genuine United States nationality and can safely return to the United States, therefore he is not a Convention refugee nor a person in need of protection with respect to the United States and his claim is rejected without assessment of Colombia.

Citation
TA2-19509
Parties
Principal Claimant: XXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXX; Designated Representative: XXXXXXXXXXXXXX; Intervenor: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 January 2004
Procedural Posture
Refugee Protection Claim / Immigration / Refugee Protection Hearing Decision
Outcome
Minor claimant's claim rejected; not a Convention refugee nor a person in need of protection with respect to the United States; Article 1(E) exclusion not established by the Minister.
Legal Topics
Convention Refugee, Article 1(e) Exclusion, Protection Elsewhere, Particular Social Group, Family, Dual Nationality
Source Language
English
Immigration Refugee Protection Nationality Law Convention Refugee Article 1(e) Exclusion Protection Elsewhere Particular Social Group Family +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXX

Designated Representative

Minister of Citizenship and Immigration

Intervenor

Procedural Posture

Refugee Protection Claim / Immigration / Refugee Protection Hearing Decision

Legal Issues

  1. 1 Whether the minor claimant is a Convention refugee with respect to the United States
  2. 2 Whether Article 1(E) of the Refugee Convention excludes the minor claimant from protection because of US nationality/protection elsewhere
  3. 3 Whether the minor claimant has genuine nationality of the United States or only de facto nationality

Ratio Decidendi

The Minister did not meet the burden of proving the minor claimant is excluded under Article 1(E); the minor has genuine United States nationality and can safely return to the United States, therefore he is not a Convention refugee nor a person in need of protection with respect to the United States and his claim is rejected without assessment of Colombia.

Court Disposition

Minor claimant's claim rejected; not a Convention refugee nor a person in need of protection with respect to the United States; Article 1(E) exclusion not established by the Minister.