VB9-00622

VB9-00622

The appeal is dismissed because the appellants, as dual nationals of Italy and Venezuela, failed to establish a well‑founded fear of persecution or a risk to life or risk of torture in Italy; under IRPA the RPD was correct to require claims against each country of nationality, and family unity does not confer derivative refugee status; therefore the appellants are neither Convention refugees nor persons in need of protection.

Citation
VB9-00622
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 August 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) of the IRPA
Legal Topics
Dual or Multiple Nationality, Family Reunification, Convention Refugee Definition, Standard of Review, Country of Nationality Assessment, UNHCR Handbook Guidance
Source Language
English
Immigration Law Refugee Law Administrative Law Dual or Multiple Nationality Family Reunification Convention Refugee Definition Standard of Review Country of Nationality Assessment +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants required to establish refugee claims against all countries of nationality
  2. 2 Whether RPD erred by failing to apply UNHCR Handbook Chapter VI or IRPA s.3(2)(f) on family reunification
  3. 3 Whether family unity confers derivative refugee status on dependents

Ratio Decidendi

The appeal is dismissed because the appellants, as dual nationals of Italy and Venezuela, failed to establish a well‑founded fear of persecution or a risk to life or risk of torture in Italy; under IRPA the RPD was correct to require claims against each country of nationality, and family unity does not confer derivative refugee status; therefore the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • The Refugee Appeal Division dismisses the appeal and confirms the Refugee Protection Division decision that the appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) of the IRPA