MB8-07821

MB8-07821

The RAD confirmed the RPD: appellants have a viable internal flight alternative to Turin or Milan because the Camorra lacks sufficient motivation and demonstrated ability to pursue them there and the Italian state can provide effective protection; appellants failed to rebut the presumption of state protection with clear and convincing evidence, so they are excluded under article 1E and the RPD decision is correct.

Citation
MB8-07821
Parties
Principal Appellant: Mr. XXXX XXXX XXXX; Co Appellant: Mrs. XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 December 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeals Division Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, State Protection, Refugee Status Determination, Convention Exclusion (article 1 E)
Source Language
English
Immigration Law Refugee Law Public International Law Criminal Law (organized Crime) Internal Flight Alternative State Protection Refugee Status Determination Convention Exclusion (article 1 E)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr. XXXX XXXX XXXX

Principal Appellant

Mrs. XXXX XXXX

Co Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeals Division Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the appellants have a viable internal flight alternative in Turin or Milan
  2. 2 Whether the Camorra has the motivation to pursue the appellants outside Naples
  3. 3 Whether the Camorra has the ability to find the appellants in Turin or Milan

Ratio Decidendi

The RAD confirmed the RPD: appellants have a viable internal flight alternative to Turin or Milan because the Camorra lacks sufficient motivation and demonstrated ability to pursue them there and the Italian state can provide effective protection; appellants failed to rebut the presumption of state protection with clear and convincing evidence, so they are excluded under article 1E and the RPD decision is correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD decision of 15 March 2018 confirmed