VA8-03139

VA8-03139

At the time they entered Canada and made their refugee claim the claimants were conditional permanent residents of the United States with the right to return and live there; they failed to take reasonably diligent steps to preserve or confirm that status, so they are excluded from refugee protection under Article 1E and s.98 of the Act.

Citation
VA8-03139
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 January 2010
Procedural Posture
Refugee Protection Claim / Decision of the Refugee Protection Division
Outcome
Refugee claims rejected; claimants excluded under Article 1E of the 1951 Convention and section 98 of the Immigration and Refugee Protection Act
Legal Topics
Article 1 E Exclusion, Permanent Residency, Right to Return, Burden of Proof, Asylum Eligibility, Family Reunification, Psychological Evidence
Source Language
English
Immigration and Refugee Law International Refugee Law Administrative Law Article 1 E Exclusion Permanent Residency Right to Return Burden of Proof Asylum Eligibility +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants were excluded from refugee protection under Article 1E because they had rights equivalent to nationals in the United States as conditional permanent residents at the time of their entry to Canada
  2. 2 Whether the claimants could return to and live safely in the United States at the time of their application for admission to Canada
  3. 3 Whether the claimants satisfied the onus to take reasonably diligent steps to preserve or confirm their U.S. residency status

Ratio Decidendi

At the time they entered Canada and made their refugee claim the claimants were conditional permanent residents of the United States with the right to return and live there; they failed to take reasonably diligent steps to preserve or confirm that status, so they are excluded from refugee protection under Article 1E and s.98 of the Act.

Court Disposition

Refugee claims rejected; claimants excluded under Article 1E of the 1951 Convention and section 98 of the Immigration and Refugee Protection Act

Orders

  • The refugee protection claims of XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX are rejected.
  • The claimants are excluded from refugee protection pursuant to Article 1E and section 98 of the Immigration and Refugee Protection Act.