MA0-02039

MA0-02039

Although the principal claimant established a risk of persecution from actors linked to Russia, the claimants failed to prove that Greece — the country of their nationality — was unable or unwilling to protect them; therefore they do not meet the Immigration Act s.2(1) definition of "Convention refugee" and refugee protection is denied. The IRPA s.97 grounds raised are inapplicable to proceedings that began before June 28, 2002.

Citation
MA0-02039
Parties
Principal Claimant: XXXXXXXXXXXXX; Spouse: XXXXXXXXX; Child: XXXXXXXXXXX; Child: XXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 March 2003
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision (hearing Concluded)
Outcome
Claimants' refugee protection claim denied; not Convention refugees as defined by section 2(1) of the Immigration Act.
Legal Topics
Convention Refugee, Political Opinion, State Protection, Evidence Assessment, Convention Against Torture, Immigration Legislation Applicability
Source Language
English
Immigration Refugee Law State Protection Administrative Law Convention Refugee Political Opinion Evidence Assessment Convention Against Torture +1 more

Case Brief

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Parties

XXXXXXXXXXXXX

Principal Claimant

XXXXXXXXX

Spouse

XXXXXXXXXXX

Child

XXXXXXXXXXXX

Child

Minister

Respondent

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the principal claimant has a well‑founded fear of persecution in Russia
  2. 2 Whether the claimants have a well‑founded fear of persecution in Greece
  3. 3 Whether the Greek state is unable or unwilling to protect the claimants (state protection test)

Ratio Decidendi

Although the principal claimant established a risk of persecution from actors linked to Russia, the claimants failed to prove that Greece — the country of their nationality — was unable or unwilling to protect them; therefore they do not meet the Immigration Act s.2(1) definition of "Convention refugee" and refugee protection is denied. The IRPA s.97 grounds raised are inapplicable to proceedings that began before June 28, 2002.

Court Disposition

Claimants' refugee protection claim denied; not Convention refugees as defined by section 2(1) of the Immigration Act.

Orders

  • Refugee protection claim dismissed; principal claimant XXXXXXXXXXXXX, spouse XXXXXXXXX and children XXXXXXXXXXXX and XXXXXXXXXXXXX are not Convention refugees under section 2(1) of the Immigration Act.