TB8-06851

TB8-06851

The RAD allowed the appeal because the RPD erred in finding the appellants were excluded under Article 1E: the evidence was insufficient to establish the appellants met the statutory qualifications for long‑term resident status in Greece (notably periods of absence exceeded the limits in Article 67), and the RPD...

Source-derived case information.

Citation
TB8-06851
Parties
Principal Appellant: Principal Appellant (redacted); Appellant: Male Appellant (redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 June 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act Concerning Article 1 E Exclusion of the 1951 Refugee Convention / Appeal to Refugee Appeal Division; Decision Issued Allowing Appeal and Remitting Matter to RPD for Re Determination by a Differently‑constituted Panel
Outcome
Appeal allowed; RPD decision quashed with respect to Article 1E exclusion; matter referred to RPD for re‑determination by a differently‑constituted panel pursuant to paragraph 111(1)(c) of the IRPA
Legal Topics
Article 1 E Convention Exclusion, Access to Alternative Protection, Natural Justice (right to Be Heard), Burden of Proof and Credibility Findings, Assessment of Residency Status Under Foreign Law
Source Language
english
Immigration Law Refugee Law Administrative Law Article 1 E Convention Exclusion Access to Alternative Protection Natural Justice (right to Be Heard) Burden of Proof and Credibility Findings Assessment of Residency Status Under Foreign Law

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Parties

Principal Appellant (redacted)

Principal Appellant

Male Appellant (redacted)

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act Concerning Article 1 E Exclusion of the 1951 Refugee Convention / Appeal to Refugee Appeal Division; Decision Issued Allowing Appeal and Remitting Matter to RPD for Re Determination by a Differently‑constituted Panel

Legal Issues

  1. 1 Whether appellants are excluded from refugee protection under Article 1E because they had access to residency status in Greece substantially similar to nationals and voluntarily failed to acquire it
  2. 2 Whether the RPD breached natural justice by refusing to hear the inclusion (merits/risk) part of the claims before making adverse findings bearing on inclusion
  3. 3 Whether the RPD erred in assessing and weighing the evidence and credibility concerning periods of residence and eligibility for long‑term resident status in Greece

Ratio Decidendi

The RAD allowed the appeal because the RPD erred in finding the appellants were excluded under Article 1E: the evidence was insufficient to establish the appellants met the statutory qualifications for long‑term resident status in Greece (notably periods of absence exceeded the limits in Article 67), and the RPD improperly relied on limited credibility findings to conclude the appellants had access to rights substantially similar to Greek nationals; accordingly the exclusion finding cannot stand and the matter is remitted to the RPD for redetermination by a differently‑constituted panel.

Court Disposition

Appeal allowed; RPD decision quashed with respect to Article 1E exclusion; matter referred to RPD for re‑determination by a differently‑constituted panel pursuant to paragraph 111(1)(c) of the IRPA

Orders

  • Allow appeal and refer matter to the Refugee Protection Division for re‑determination by a differently‑constituted panel pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act