MA5-04382

MA5-04382

The father and three children, who hold dual nationality (Ecuador and Spain), failed to show a real possibility of persecution or the risks in s.97 IRPA in respect of Spain and therefore are neither Convention refugees nor persons in need of protection; the mother cannot be treated as able to avail herself of Spanish protection because acquisition of Spanish citizenship by naturalization is not automatic or within her unilateral control, so her well-founded fear of persecution in Ecuador renders her a Convention refugee and a person in need of protection.

Citation
MA5-04382
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 September 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (oral Hearing August 22, 2007; Decision September 27, 2007)
Outcome
Four claimants (father and three children) claims rejected; mother's claim allowed.
Legal Topics
Dual Citizenship, Well Founded Fear of Persecution, State Protection, Naturalization, Safe Third Country, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Nationality Law Dual Citizenship Well Founded Fear of Persecution State Protection Naturalization Safe Third Country +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (oral Hearing August 22, 2007; Decision September 27, 2007)

Legal Issues

  1. 1 Whether each claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether each claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether claimants who hold dual nationality can be removed to their other country of nationality (Spain)

Ratio Decidendi

The father and three children, who hold dual nationality (Ecuador and Spain), failed to show a real possibility of persecution or the risks in s.97 IRPA in respect of Spain and therefore are neither Convention refugees nor persons in need of protection; the mother cannot be treated as able to avail herself of Spanish protection because acquisition of Spanish citizenship by naturalization is not automatic or within her unilateral control, so her well-founded fear of persecution in Ecuador renders her a Convention refugee and a person in need of protection.

Court Disposition

Four claimants (father and three children) claims rejected; mother's claim allowed.

Orders

  • Refugee protection claims of XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX are rejected.
  • Refugee protection claim of XXXXX XXXXX XXXXX XXXXX is allowed.