TB2-14227

TB2-14227

The panel found on the balance of probabilities that the principal and female claimants had or could re‑obtain permanent resident status in Ecuador (9‑VI), that any loss of status was voluntary, and that Ecuador provides effective state protection such that the claimants face only a low, generalized risk unconnected to a Convention ground; therefore Article 1E exclusion applies to the principal and female claimants and the minor claimants are not persons in need of protection.

Citation
TB2-14227
Parties
Principal Claimant: XXXX XXXX; Female Claimant (spouse): XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 January 2015
Procedural Posture
Refugee Protection Claim With Article 1 E Exclusion Assessment / Decision With Reasons (final Determination)
Outcome
Refugee claims dismissed; principal claimant and female claimant excluded under Article 1E of the Refugee Convention; minor claimants found not to be persons in need of protection.
Legal Topics
Article 1 E Exclusion, State Protection, Country Documentation, Burden of Proof, Persecution Nexus, Third Country Permanent Residence
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion State Protection Country Documentation Burden of Proof Persecution Nexus +1 more

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 11 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Female Claimant (spouse)

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim With Article 1 E Exclusion Assessment / Decision With Reasons (final Determination)

Legal Issues

  1. 1 Whether the principal and female claimants enjoy rights equivalent to nationals of Ecuador for Article 1E purposes
  2. 2 Whether any loss of third‑country status was voluntary or involuntary
  3. 3 Whether state protection is available and effective in Ecuador

Ratio Decidendi

The panel found on the balance of probabilities that the principal and female claimants had or could re‑obtain permanent resident status in Ecuador (9‑VI), that any loss of status was voluntary, and that Ecuador provides effective state protection such that the claimants face only a low, generalized risk unconnected to a Convention ground; therefore Article 1E exclusion applies to the principal and female claimants and the minor claimants are not persons in need of protection.

Court Disposition

Refugee claims dismissed; principal claimant and female claimant excluded under Article 1E of the Refugee Convention; minor claimants found not to be persons in need of protection.

Orders

  • Claims for refugee protection are rejected.
  • Principal and female claimants are excluded pursuant to Article 1E; minor claimants' claims denied.