VB8-04337

VB8-04337

Italy, as a high-level democracy with documented legal and institutional mechanisms to investigate and punish abuses and to combat racial discrimination, provides adequate state protection; the appellants failed to rebut the heavy presumption because they did not sufficiently seek or test available domestic remedies and the proffered new evidence was inadmissible; therefore the RAD correctly dismissed the appeal and confirmed the RPD decision that the appellants are neither Convention refugees nor persons in need of protection under IRPA.

Citation
VB8-04337
Parties
Principal Appellant: XXXX XXXX; Appellant (spouse): XXXX XXXX; Appellant (child): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 March 2019
Procedural Posture
Refugee Appeal / Decision by Refugee Appeal Division (rad) Confirming RPD Decision
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection under IRPA s.111(1)(a)
Legal Topics
State Protection, New Evidence Admissibility, Standard of Review, Racial Discrimination, Exhaustion of Domestic Remedies
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection New Evidence Admissibility Standard of Review Racial Discrimination Exhaustion of Domestic Remedies

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Appellant (spouse)

XXXX XXXX

Appellant (child)

Procedural Posture

Refugee Appeal / Decision by Refugee Appeal Division (rad) Confirming RPD Decision

Legal Issues

  1. 1 Whether Italy provides adequate state protection to the appellants
  2. 2 Whether the appellants made reasonable efforts to seek state protection in Italy
  3. 3 Whether evidence of racialized threats rebuts the presumption of state protection

Ratio Decidendi

Italy, as a high-level democracy with documented legal and institutional mechanisms to investigate and punish abuses and to combat racial discrimination, provides adequate state protection; the appellants failed to rebut the heavy presumption because they did not sufficiently seek or test available domestic remedies and the proffered new evidence was inadmissible; therefore the RAD correctly dismissed the appeal and confirmed the RPD decision that the appellants are neither Convention refugees nor persons in need of protection under IRPA.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection under IRPA s.111(1)(a)

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed