TB3-05658

TB3-05658

The RAD applied reasonableness review and concluded the RPD lawfully and reasonably applied Article 1E and the Zeng factors to the appellant’s circumstances; the RPD’s factual determinations and conclusion that the appellant is excluded from refugee protection under Article 1E fall within a range of defensible outcomes and therefore the RAD confirms the RPD decision.

Citation
TB3-05658
Parties
Appellant: XXXX XXXX XXXX; Intervenor/respondent: Minister of Citizenship and Immigration Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 April 2014
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division Decision
Outcome
Appeal dismissed; RAD confirms RPD determination that appellant is neither a Convention refugee nor a person in need of protection because he is excluded under Article 1E.
Legal Topics
Exclusion Under Article 1 E of the Refugee Convention, Third Country Status, Standard of Review, Reasonableness, Evidence and Procedural Limits on RAD
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Under Article 1 E of the Refugee Convention Third Country Status Standard of Review Reasonableness Evidence and Procedural Limits on RAD

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant

Minister of Citizenship and Immigration Canada

Intervenor/respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the RPD erred in excluding the appellant from refugee protection under Article 1E of the Refugee Convention
  2. 2 Whether the RPD properly applied the Zeng test regarding status in a third country
  3. 3 Appropriate standard of review for RAD review of RPD mixed fact and law findings

Ratio Decidendi

The RAD applied reasonableness review and concluded the RPD lawfully and reasonably applied Article 1E and the Zeng factors to the appellant’s circumstances; the RPD’s factual determinations and conclusion that the appellant is excluded from refugee protection under Article 1E fall within a range of defensible outcomes and therefore the RAD confirms the RPD decision.

Court Disposition

Appeal dismissed; RAD confirms RPD determination that appellant is neither a Convention refugee nor a person in need of protection because he is excluded under Article 1E.

Orders

  • Appeal denied
  • RPD determination confirmed pursuant to IRPA s.111(1)(a)