TC0-06382

TC0-06382

On the balance of probabilities the appellant is eligible and able to acquire Italian citizenship through his Italian spouse under Act No.91/1992 (Art.5), he has not established significant impediments (language, cohabitation/divorce, criminal record) preventing acquisition, and there is no clear and convincing evidence that Italian state protection would be unavailable; therefore Italy was properly a country of reference and the RPD's rejection is confirmed under s.111(1)(a) IRPA.

Citation
TC0-06382
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 March 2021
Procedural Posture
Refugee Protection Appeal Under IRPA / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to subsection 111(1)(a) of the IRPA
Legal Topics
Country of Reference, Spousal Citizenship Eligibility, State Protection, New Evidence Admissibility, Exclusion (convention Art.1)
Source Language
English
Immigration Law Refugee Law Nationality / Citizenship Law Administrative Law Country of Reference Spousal Citizenship Eligibility State Protection New Evidence Admissibility +1 more

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether Italy is a valid country of reference for the appellant
  2. 2 Whether the appellant is eligible and able to acquire Italian citizenship through his spouse
  3. 3 Whether the appellant has established significant impediments (language, cohabitation/divorce, criminal record) to acquiring Italian citizenship

Ratio Decidendi

On the balance of probabilities the appellant is eligible and able to acquire Italian citizenship through his Italian spouse under Act No.91/1992 (Art.5), he has not established significant impediments (language, cohabitation/divorce, criminal record) preventing acquisition, and there is no clear and convincing evidence that Italian state protection would be unavailable; therefore Italy was properly a country of reference and the RPD's rejection is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to subsection 111(1)(a) of the IRPA

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed