MC3-19900

MC3-19900

Applying the Zeng three-part test and country evidence, the RAD found that at the time of the RPD hearing the Principal, Associate and Minor appellants held Italian permanent resident status (permesso di soggiorno, including illimitata or family permit linked to husband/children), had not lost that status (absences were within the allowable six-year period), and enjoyed substantially similar rights to Italian nationals; state protection in Italy was available and operational; therefore appellants are excluded under Article 1E and s.98 IRPA and the RPD decision is upheld.

Citation
MC3-19900
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 August 2023
Procedural Posture
Refugee Protection Appeal (rad) / Final Reasons and Decision on Appeal Dismissal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Article 1 E Exclusion, Section 98 IRPA, Permanent Residence Status, State Protection, Internal Flight Alternative, Gender Based Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Section 98 IRPA Permanent Residence Status State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Final Reasons and Decision on Appeal Dismissal

Legal Issues

  1. 1 Whether the appellants were excluded from refugee protection under Article 1E/section 98 IRPA
  2. 2 Whether appellants had status in Italy substantially similar to nationals at the time of the RPD hearing
  3. 3 Whether adequate state protection was available in Italy from the aggro-mafia

Ratio Decidendi

Applying the Zeng three-part test and country evidence, the RAD found that at the time of the RPD hearing the Principal, Associate and Minor appellants held Italian permanent resident status (permesso di soggiorno, including illimitata or family permit linked to husband/children), had not lost that status (absences were within the allowable six-year period), and enjoyed substantially similar rights to Italian nationals; state protection in Italy was available and operational; therefore appellants are excluded under Article 1E and s.98 IRPA and the RPD decision is upheld.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Confirm decision that appellants are excluded under section 98 IRPA and Article 1E of the 1951 Refugee Convention; appellants are not Convention refugees nor persons in need of protection