TB4-03285

TB4-03285

The RPD reasonably concluded on the evidence that the Appellants held EC long‑term resident status in Italy and enjoyed rights substantially similar to Italian nationals; the Appellants failed to provide clear and convincing evidence that Italy would not provide adequate protection or that their status had been or was likely to be revoked; therefore they are excluded from refugee protection under Article 1E and the RPD's negative determination was confirmed.

Citation
TB4-03285
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 July 2014
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Appeal to Refugee Appeal Division After Negative Refugee Protection Division Determination
Outcome
Appeal dismissed; RAD confirms RPD negative determination that the Appellants are excluded under Article 1E and are not Convention refugees nor persons in need of protection
Legal Topics
Article 1 E Exclusion, State Protection, Permanent Residence Status in Third Country, Standard of Review (reasonableness)
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion State Protection Permanent Residence Status in Third Country Standard of Review (reasonableness)

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Appeal to Refugee Appeal Division After Negative Refugee Protection Division Determination

Legal Issues

  1. 1 Whether the Appellants are excluded from refugee protection under Article 1E of the Refugee Convention
  2. 2 Whether the Appellants possessed permanent resident status in Italy at the date of the hearing
  3. 3 Whether the Appellants enjoyed rights substantially similar to Italian nationals

Ratio Decidendi

The RPD reasonably concluded on the evidence that the Appellants held EC long‑term resident status in Italy and enjoyed rights substantially similar to Italian nationals; the Appellants failed to provide clear and convincing evidence that Italy would not provide adequate protection or that their status had been or was likely to be revoked; therefore they are excluded from refugee protection under Article 1E and the RPD's negative determination was confirmed.

Court Disposition

Appeal dismissed; RAD confirms RPD negative determination that the Appellants are excluded under Article 1E and are not Convention refugees nor persons in need of protection

Orders

  • RAD confirms the RPD negative determination dated March 12, 2014 pursuant to s.111(1)(a) of IRPA
  • Appeal dismissed