VB1-02022

VB1-02022

On a balance of probabilities the claimant retained Chilean permanent resident status, enjoyed basic rights and access to state protection substantially similar to nationals of Chile, and therefore was excluded from refugee protection under Article 1E of the Refugee Convention; the claim is rejected.

Citation
VB1-02022
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 February 2012
Procedural Posture
Refugee Protection Exclusion (article 1 E) / Decision Following Hearing
Outcome
Claim dismissed. Claimant excluded under Article 1E of the 1951 Refugee Convention and rejected under section 98 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion Article 1 E, Permanent Residence, Convention Refugee, State Protection, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Article 1 E Permanent Residence Convention Refugee State Protection Burden of Proof

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Exclusion (article 1 E) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is excluded under Article 1E as having rights and obligations similar to nationals of Chile
  2. 2 Whether the claimant retained Chilean permanent resident status at the relevant times
  3. 3 Whether the claimant would face persecution if returned to Chile for having obtained a visa by fraudulent means

Ratio Decidendi

On a balance of probabilities the claimant retained Chilean permanent resident status, enjoyed basic rights and access to state protection substantially similar to nationals of Chile, and therefore was excluded from refugee protection under Article 1E of the Refugee Convention; the claim is rejected.

Court Disposition

Claim dismissed. Claimant excluded under Article 1E of the 1951 Refugee Convention and rejected under section 98 of the Immigration and Refugee Protection Act.

Orders

  • Claim rejected; claimant is excluded pursuant to Article 1E of the United Nations Convention Relating to the Status of Refugees and section 98 of the Immigration and Refugee Protection Act (decision dated 13 February 2012 by Colleen Zuk)