2019 RLLR 115

2019 RLLR 115

Principal claimant proved, on the balance of probabilities, a well‑founded fear of persecution in Venezuela for his political opinion supported by credible testimony, corroborating party letters, medical reports and country evidence of state and collectivo persecution; Italy was not a country of reference for him because Italian citizenship was not shown to be obtainable as a mere formality; therefore he is a Convention refugee, while the associated claimants failed to establish claims against Italy and their claims were rejected.

Citation
2019 RLLR 115
Parties
Principal Claimant: [XXX]; Associated Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 January 2019
Procedural Posture
Refugee Protection Claim / Decision Following Hearing (videoconference)
Outcome
Principal claimant accepted as a Convention refugee; two associated claimants rejected (neither Convention refugees nor persons in need of protection)
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Exclusion, Countries of Nationality
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Political Opinion State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Principal Claimant

[XXX]

Associated Claimant

Procedural Posture

Refugee Protection Claim / Decision Following Hearing (videoconference)

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee under s.96 of the IRPA on the grounds of political opinion
  2. 2 Whether the associated claimants qualify for protection given dual nationality (Venezuela and Italy)
  3. 3 Whether Italy is a country of reference for the principal claimant (availability of Italian citizenship)

Ratio Decidendi

Principal claimant proved, on the balance of probabilities, a well‑founded fear of persecution in Venezuela for his political opinion supported by credible testimony, corroborating party letters, medical reports and country evidence of state and collectivo persecution; Italy was not a country of reference for him because Italian citizenship was not shown to be obtainable as a mere formality; therefore he is a Convention refugee, while the associated claimants failed to establish claims against Italy and their claims were rejected.

Court Disposition

Principal claimant accepted as a Convention refugee; two associated claimants rejected (neither Convention refugees nor persons in need of protection)

Orders

  • Accept principal claimant's refugee claim pursuant to s.96 of the IRPA
  • Reject associated claimants' refugee claims