TB3-06513

TB3-06513

The claimants failed to establish a nexus to a Convention ground and failed to rebut the presumption of adequate state protection in Italy on a balance of probabilities; documentary evidence and factual record show Italy has legislative and operational measures against organized crime and the claimants did not demonstrate they faced threats or that the state was unable or unwilling to protect them, therefore they are neither Convention refugees nor persons in need of protection.

Citation
TB3-06513
Parties
Female Claimant: XXXX XXXX XXXX; Male Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 August 2014
Procedural Posture
Refugee Protection Claim Pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act / Merits Hearing and Decision (reasons for Decision)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection under IRPA; removal to Italy not found to expose them to torture, risk to life or cruel and unusual treatment
Legal Topics
State Protection, Nexus to Convention Grounds, Particular Social Group, Risk of Torture, Best Interests of the Child
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Nexus to Convention Grounds Particular Social Group Risk of Torture Best Interests of the Child

Case Brief

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Parties

XXXX XXXX XXXX

Female Claimant

XXXX XXXX XXXX

Male Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act / Merits Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1)(b) IRPA
  3. 3 Whether there is nexus to a Convention ground (particular social group)

Ratio Decidendi

The claimants failed to establish a nexus to a Convention ground and failed to rebut the presumption of adequate state protection in Italy on a balance of probabilities; documentary evidence and factual record show Italy has legislative and operational measures against organized crime and the claimants did not demonstrate they faced threats or that the state was unable or unwilling to protect them, therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection under IRPA; removal to Italy not found to expose them to torture, risk to life or cruel and unusual treatment

Orders

  • Claims of the male claimant, the female claimant and the minor claimants are rejected
  • Tribunal finds claimants have not satisfied the balance of probabilities that they would face danger of torture, risk to life, or cruel and unusual treatment or punishment if returned to Italy