MA9-06118

MA9-06118

The panel found prima facie evidence that the principal claimant and her mother were recognized by France as permanent residents with rights to return, work, study and access social services; the claimants failed to rebut that status or to show on the balance of probabilities that they could not seek or obtain French protection, and they did not take reasonable steps to notify French authorities; accordingly Article 1E applies and the principal claimant and her mother are excluded from refugee protection, and the half-sister is a French citizen; therefore all claims are rejected.

Citation
MA9-06118
Parties
Principal Claimant: XXXXXXXXXXXXX; Claimant Half Sister: XXXXXXXXXXXXXXXX; Claimant Mother: XXXXXXXXXXXX; Intervenor/respondent: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 April 2012
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division Decision Dated April 25, 2012)
Outcome
Claims for refugee protection are rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Exclusion Under Article 1 E, State Protection, Credibility Findings, Permanent Resident Status, Forced Marriage, Female Genital Mutilation, Burden of Proof, Safe Third Country Concepts
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Exclusion Under Article 1 E State Protection Credibility Findings Permanent Resident Status +4 more

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Parties

XXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXX

Claimant Half Sister

XXXXXXXXXXXX

Claimant Mother

Minister of Public Safety and Emergency Preparedness

Intervenor/respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division Decision Dated April 25, 2012)

Legal Issues

  1. 1 Whether the principal claimant and her mother held permanent resident status in France such that Article 1E applies
  2. 2 Whether the claimants sought or could reasonably have sought protection from French authorities
  3. 3 Whether state protection in France is available and adequate

Ratio Decidendi

The panel found prima facie evidence that the principal claimant and her mother were recognized by France as permanent residents with rights to return, work, study and access social services; the claimants failed to rebut that status or to show on the balance of probabilities that they could not seek or obtain French protection, and they did not take reasonable steps to notify French authorities; accordingly Article 1E applies and the principal claimant and her mother are excluded from refugee protection, and the half-sister is a French citizen; therefore all claims are rejected.

Court Disposition

Claims for refugee protection are rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Claims for refugee protection are rejected