TA5-05500

TA5-05500

The claimant retains Argentine nationality notwithstanding loss of Argentine citizenship by operation of acquiring a foreign nationality; there is insufficient credible evidence that restitution of Argentine citizenship would be denied and no evidence of a well-founded fear of persecution in Argentina, therefore the claim fails and there is no need to assess fear in Mexico.

Citation
TA5-05500
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Nga Nguyen
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 February 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim rejected
Legal Topics
Multiple Nationality, Country of Origin, Right to Return, Statelessness, Convention Refugee, Well Founded Fear of Persecution
Source Language
English
Immigration Law Refugee Law Nationality Law Administrative Law Multiple Nationality Country of Origin Right to Return Statelessness +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Nga Nguyen

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a national of Argentina or Mexico for purposes of determining the country of reference
  2. 2 Whether claimant has lost Argentine citizenship and, if so, whether she can reacquire it
  3. 3 Whether claimant has a well-founded fear of persecution in Argentina

Ratio Decidendi

The claimant retains Argentine nationality notwithstanding loss of Argentine citizenship by operation of acquiring a foreign nationality; there is insufficient credible evidence that restitution of Argentine citizenship would be denied and no evidence of a well-founded fear of persecution in Argentina, therefore the claim fails and there is no need to assess fear in Mexico.

Court Disposition

Claim rejected

Orders

  • Claimant's claim for refugee protection is rejected.