MB2-06597

MB2-06597

The Tribunal found prima facie evidence that the claimants are United States permanent residents and there is no evidence that a competent US authority has adjudicated that they abandoned that status; because they enjoy rights substantially similar to nationals of the US and failed to rebut that status or show lack of state protection, Article 1E applies and they are excluded under section 98 IRPA, so their refugee claims are dismissed.

Citation
MB2-06597
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant (eldest): XXXX XXXX XXXX; Minor Claimant (youngest): XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 January 2016
Procedural Posture
Refugee Protection / Immigration / Refugee Claim Hearing and Final Decision (rpd)
Outcome
Refugee claims dismissed; claimants excluded under Article 1E of the Refugee Convention pursuant to section 98 of the IRPA; principal claimant not found to be a Convention refugee or person in need of protection.
Legal Topics
Article 1 E Exclusion, Abandonment of Permanent Residence, State Protection, Gender Based Persecution, International Child Abduction
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Abandonment of Permanent Residence State Protection Gender Based Persecution International Child Abduction

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant (eldest)

XXXX XXXX

Minor Claimant (youngest)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection / Immigration / Refugee Claim Hearing and Final Decision (rpd)

Legal Issues

  1. 1 Whether claimants are excluded from refugee protection under Article 1E of the Refugee Convention (s.98 IRPA) due to United States permanent resident status
  2. 2 Whether the claimants abandoned their US permanent resident status
  3. 3 Whether the claimants face a well-founded fear of persecution in the United States or Iraq

Ratio Decidendi

The Tribunal found prima facie evidence that the claimants are United States permanent residents and there is no evidence that a competent US authority has adjudicated that they abandoned that status; because they enjoy rights substantially similar to nationals of the US and failed to rebut that status or show lack of state protection, Article 1E applies and they are excluded under section 98 IRPA, so their refugee claims are dismissed.

Court Disposition

Refugee claims dismissed; claimants excluded under Article 1E of the Refugee Convention pursuant to section 98 of the IRPA; principal claimant not found to be a Convention refugee or person in need of protection.

Orders

  • Refugee claims of XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX dismissed (decision dated January 19, 2016)
  • Findings recorded that claimants are persons referred to in section 1E of the Refugee Convention and are not Convention refugees or persons in need of protection