MB2-00175

MB2-00175

Although the claimant had previously held Italian permanent residence, he no longer had that status at the hearing; applying the Zeng factors the panel found his loss of status was voluntary but regaining it was not guaranteed, the risk of persecution in Rwanda was established and the state was the agent of...

Source-derived case information.

Citation
MB2-00175
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Government of Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 June 2013
Procedural Posture
Refugee Protection (rpd) / Decision and Reasons
Outcome
Claim allowed; claimant found to be a Convention refugee and not excluded under section 98/Article 1E
Legal Topics
Exclusion Under Article 1 E, Convention Refugee Status, Third Country Permanent Residence, Political Opinion, Inclusion Assessment
Source Language
english
Immigration Law Refugee Law International Law Exclusion Under Article 1 E Convention Refugee Status Third Country Permanent Residence Political Opinion Inclusion Assessment

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Summary, issues, holding and outcome

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Parties

XXXXX XXXXX

Claimant

Minister (Government of Canada)

Respondent

Procedural Posture

Refugee Protection (rpd) / Decision and Reasons

Legal Issues

  1. 1 Whether claimant is excluded under Article 1E/section 98 because of prior permanent residence in Italy
  2. 2 Whether claimant established a well-founded fear/serious possibility of persecution on a Convention ground
  3. 3 Whether loss of third‑country status was voluntary and how Zeng factors balance

Ratio Decidendi

Although the claimant had previously held Italian permanent residence, he no longer had that status at the hearing; applying the Zeng factors the panel found his loss of status was voluntary but regaining it was not guaranteed, the risk of persecution in Rwanda was established and the state was the agent of persecution so protection in Rwanda or Italy was not available; balancing these factors and Canada's international obligations, the claimant is not excluded under s.98/Article 1E and is a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee and not excluded under section 98/Article 1E

Orders

  • Claim allowed
  • Claimant declared a Convention refugee