TB7-05755

TB7-05755

The RAD confirmed the RPD because the Appellants failed to produce clear and convincing evidence that Italy was unwilling or unable to provide reasonable protection; objective country evidence established Italy as a functioning democracy and the record showed police responses that did not demonstrate systemic denial of protection, so the presumption of state protection was not rebutted and the claims fail.

Citation
TB7-05755
Parties
Principal Appellant: XXXX XXXX XXXX; Female Minor Appellant: XXXX XXXX XXXX XXXX; Male Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 August 2017
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA
Legal Topics
State Protection, Convention Refugee, Burden of Proof, Credibility
Source Language
English
Immigration Refugee Law Administrative Law State Protection Convention Refugee Burden of Proof Credibility

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Female Minor Appellant

XXXX XXXX

Male Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the Appellants are persons in need of protection
  3. 3 Whether the Appellants rebutted the presumption of state protection in Italy

Ratio Decidendi

The RAD confirmed the RPD because the Appellants failed to produce clear and convincing evidence that Italy was unwilling or unable to provide reasonable protection; objective country evidence established Italy as a functioning democracy and the record showed police responses that did not demonstrate systemic denial of protection, so the presumption of state protection was not rebutted and the claims fail.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA

Orders

  • The determination of the Refugee Protection Division dated February 14, 2017 is confirmed; the Appellants are not Convention refugees nor persons in need of protection.