MB0-04890

MB0-04890

Applying the Zeng framework the Tribunal found claimants had lost Chilean permanent resident status by reason of an absence exceeding one year prior to the hearing but had valid status at entry; on balance the Minister met the 'serious reasons for considering' standard because claimants had lived openly and peacefully in Chile, produced no incidents demonstrating targeting there, Chile has functioning police and cooperation with Colombia regarding FARC, and the fears asserted were speculative and unsupported; therefore claimants are excluded under Article 1E and s.98 IRPA and are not Convention refugees nor persons in need of protection.

Citation
MB0-04890
Parties
Claimant Principal: Principal Claimant (name redacted); Claimant Spouse: Female Claimant (name redacted); Respondent Minister: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 July 2012
Procedural Posture
Refugee Protection Exclusion Under Article 1 E (s.98 Irpa) / Decision Following Hearing
Outcome
Minister's request to exclude claimants under Article 1E granted; claimants are not Convention refugees and not persons in need of protection under ss.96-97 IRPA.
Legal Topics
Exclusion, Article 1 E, Permanent Residence in Third Country, Credibility Assessment, Burden of Proof, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Article 1 E Permanent Residence in Third Country Credibility Assessment Burden of Proof +1 more

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Parties

Principal Claimant (name redacted)

Claimant Principal

Female Claimant (name redacted)

Claimant Spouse

Minister of Public Safety and Emergency Preparedness

Respondent Minister

Procedural Posture

Refugee Protection Exclusion Under Article 1 E (s.98 Irpa) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are excluded from refugee protection under Article 1E of the Refugee Convention as implemented by s.98 IRPA
  2. 2 Whether claimants are Convention refugees or persons in need of protection under ss.96 and 97 IRPA if not excluded

Ratio Decidendi

Applying the Zeng framework the Tribunal found claimants had lost Chilean permanent resident status by reason of an absence exceeding one year prior to the hearing but had valid status at entry; on balance the Minister met the 'serious reasons for considering' standard because claimants had lived openly and peacefully in Chile, produced no incidents demonstrating targeting there, Chile has functioning police and cooperation with Colombia regarding FARC, and the fears asserted were speculative and unsupported; therefore claimants are excluded under Article 1E and s.98 IRPA and are not Convention refugees nor persons in need of protection.

Court Disposition

Minister's request to exclude claimants under Article 1E granted; claimants are not Convention refugees and not persons in need of protection under ss.96-97 IRPA.

Orders

  • Claimants' refugee protection claim dismissed pursuant to s.98 IRPA due to application of Article 1E of the Refugee Convention.