UBC Certificate in Immigration: Laws, Policies and Procedures

Module 6 Refugee Protection (Week 4) – Practice Exercise

Exclusion Based on Residency Rights in a Third Country

Instructions: Read Juliana’s story and then answer the questions.

Juliana is a single 26 year old citizen of Nigeria. Juliana lived in Italy for 5 years as a temporary resident. Each
year, Juliana had to apply to renew her temporary resident status and prove that she met the requirements. In
particular, Juliana must meet a minimum basic income each year or else her status will be revoked. Juliana
returned home to Nigeria in 2015 and her family threatened to force her to undergo female genital mutilation
(FGM) because they thought it would increase her chances for marriage.

Juliana returned to Italy and applied for a visitor visa to Canada from Italy. She waited in Italy for 2 months to
receive her visitor visa. She had no difficulties maintaining her temporary resident status during that time.

After she arrived in Canada as a visitor, Juliana made a refugee claim in Canada based on gender-based violence.
Juliana made the claim against Nigeria and not against Italy.

1. Based on the above facts, will exclusion be an issue at the RPD? Why or why not?
2. Will Juliana be excluded from refugee protection based on her residency rights in Italy? Why
or why not? What evidence will need to be adduced?
3. Does Juliana need to show that she has a well-founded fear of persecution in Italy?

Answer Key:

1. Yes, the RPD will inquire into the nature of her rights and obligations as a temporary
resident in Italy under Article 1E.

2. Unlikely. The first inquiry is whether Juliana can return to Italy. As a temporary resident,
Juliana’s entry into a country is not guaranteed. You will want to show that Juliana does
not have the rights and obligations akin to permanent residence. That is, that she has
restrictions on her ability to remain and that her status is tied to her income. Evidence
to adduce will be a legal opinion from an immigration lawyer in Italy with the details
about her status; information from the Embassy of Italy about the nature of her status;
information about if she could meet the minimum basic income requirements.

3. No, assuming she will be found not to have residency rights in Italy. Claimants only need
to show a well-founded fear of persecution in countries where they have residency rights
substantially similar to that of its nationals. However, her failure to claim refugee
protection in Italy, which is a signatory to the Refugee Convention, may raise questions
about the credibility of Juliana’s claim against Nigeria and her subjective fear.

Module 6 – Refugee Protection