MB8-14638

MB8-14638

On the balance of probabilities the appellants held permanent resident status in Brazil and, assessed at the time of the RPD hearing, retained the right to return; the evidence of discrimination did not cumulatively amount to persecution. Therefore the appellants are excluded under Article 1E of the 1951 Convention and are not Convention refugees or persons in need of protection pursuant to s.111(1)(a) IRPA.

Citation
MB8-14638
Parties
Appellants: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 August 2019
Procedural Posture
Refugee Appeal (article 1 E Exclusion) / Appeal to Refugee Appeal Division Reasons and Decision
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Article 1 E Exclusion, Permanent Resident Status, Right to Return / Two Year Rule, Fear of Persecution, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Article 1 E Exclusion Permanent Resident Status Right to Return / Two Year Rule Fear of Persecution +1 more

Case Brief

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Parties

XXXX XXXX

Appellants

Procedural Posture

Refugee Appeal (article 1 E Exclusion) / Appeal to Refugee Appeal Division Reasons and Decision

Legal Issues

  1. 1 Whether appellants held permanent resident status in Brazil
  2. 2 Whether appellants had lost entitlement to return to Brazil under the two-year rule
  3. 3 Whether appellants face a well‑founded fear of persecution in Brazil

Ratio Decidendi

On the balance of probabilities the appellants held permanent resident status in Brazil and, assessed at the time of the RPD hearing, retained the right to return; the evidence of discrimination did not cumulatively amount to persecution. Therefore the appellants are excluded under Article 1E of the 1951 Convention and are not Convention refugees or persons in need of protection pursuant to s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed
  • Confirm exclusion under Article 1E of the 1951 Convention