TB6-05283

TB6-05283

The claimant holds Egyptian citizenship as evidenced by an Egyptian citizenship certificate and a consular confirmation; he failed to prove a significant impediment or that he took reasonable and unsuccessful steps to obtain identity documents as required by Tretsetsang; therefore Egypt is the proper country of reference and the refugee claim is dismissed.

Citation
TB6-05283
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2017
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision on Country of Reference and Claim Dismissal
Outcome
Claim dismissed
Legal Topics
Country of Reference, Citizenship Recognition, Impediment to Nationality, Burden of Proof, Tretsetsang Precedent
Source Language
English
Refugee Law Immigration Law Nationality Law Country of Reference Citizenship Recognition Impediment to Nationality Burden of Proof Tretsetsang Precedent

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision on Country of Reference and Claim Dismissal

Legal Issues

  1. 1 Whether the claimant is an Egyptian citizen and whether Egypt is the proper country of reference
  2. 2 Whether the claimant established a significant impediment to exercising Egyptian nationality
  3. 3 Whether the claimant took reasonable steps to secure Egyptian identity documents

Ratio Decidendi

The claimant holds Egyptian citizenship as evidenced by an Egyptian citizenship certificate and a consular confirmation; he failed to prove a significant impediment or that he took reasonable and unsuccessful steps to obtain identity documents as required by Tretsetsang; therefore Egypt is the proper country of reference and the refugee claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Egypt is the proper country of reference for the claim
  • Refugee claim dismissed for failure to establish impediment to nationality or need for protection vis-à-vis Egypt